Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a hearing pursuant to CPL 400.21 and resentencing.
The court did not improvidently exercise its discretion in consolidating two indictments. The use of an extremely unusual sawed-off shotgun in both incidents as well as a common location was highly probative of identity and...
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