Ordered that the sentence, and the adjudication of the defendant as a second felony offender are vacated, and the matter is remitted to the County Court, Suffolk County, for resentencing.
The defendant contends, the People concede, and we agree, that the court erred in sentencing the defendant as a prior felony offender. The prior felony at issue consisted of receiving stolen property in violation of California Penal Code § 496.1. However, the closest statutory...
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