Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed and the adjudication that the defendant is a second violent felony offender and substituting an adjudication that the defendant is a second felony offender; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
The defendant's challenge to the trial court's instructions to...
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