Having pleaded guilty to attempted murder in the second degree, defendant was originally sentenced to an indeterminate term of imprisonment of 10 to 20 years. On a prior motion the defendant argued and the People conceded that the sentence was illegal, since the crime to which defendant pleaded guilty was not an armed violent felony. Defendant was resentenced to a term of 7½ to 22½ years, which was affirmed (134 A.D.2d 969). Thereafter, defendant moved pursuant...
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