Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: The People concede that, because defendant served a six-month term of imprisonment before he was charged with a violation of conditions of probation, defendant's resentence to a one-year term of imprisonment on the petit larceny counts was unlawful and must be vacated (see, CPL 430.10; People v Yannicelli...
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