Judgment unanimously modified on the law by vacating the sentence imposed thereon and as modified affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the following memorandum:
Based upon the record in its entirety, we find defendant's waiver of the assistance of counsel and his waiver of a second felony offender hearing to have been knowing and intelligent. The court erred, however, when it resentenced defendant without...
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