Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the adjudication of the defendant as a second violent felony offender and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for the resentencing of the defendant as a second felony offender.
The defendant was improperly adjudicated a second violent felony offender based...
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