As defendant was convicted of a non-violent felony herein, the determination that he was a second violent felony offender was improper and his arrest predicate status was that of a second felony offender. While the maximum sentence for each category is the same under the crime for which defendant was convicted (Penal Law § 70.04 [3] [d]; [4]; § 70.06 [3] [e]; [4] [b]), the matter must nevertheless be remanded for resentencing "since it is uncertain whether the court...
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