Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The defendant was arrested on the charges upon which the present judgment is premised while awaiting sentence on an unrelated felony. During the plea allocution conducted on the instant matter, the court explicitly set forth that its promise of a sentence of probation, to be served concurrently with the sentence...
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