Ordered that the sentence is reversed, on the law, the defendant is adjudged to be a second felony offender, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
The Supreme Court declined to sentence the defendant as a second felony offender upon the ground that his 1987 plea of guilty to burglary in the third degree was constitutionally defective. The court reached this conclusion based principally upon its finding that the plea allocution...
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