Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25), which is a class D violent felony (see, Penal Law § 70.02 [1] [c]). The sentencing court was mistaken when it stated that it believed that there was a requirement that defendant be incarcerated upon such conviction. Upon conviction for a class D...
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