Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted in 1985 of attempted criminal possession of stolen property in the first degree upon a plea of guilty and sentenced as a second felony offender to 1½ to 3 years incarceration. In 1992, Supreme Court granted defendant's motion to be resentenced pursuant to CPL 440.20 on the ground that defendant had been improperly sentenced as a second...
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