Ordered that the judgment is modified, on the law, by vacating the sentence imposed and the 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, Suffolk County, for resentencing as a first felony offender.
The defendant raises on appeal the issue of whether he was properly sentenced as a second felony offender (see, Penal Law § 70.06 [1]; CPL 400.21 [7] ...
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