Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to assault in the second degree in return for an agreed-upon sentence of 2 to 4 years. The court released defendant on his own recognizance pending sentence with the warning that, "[i]f you fail to appear on the date of sentencing and violate the terms of release, which will be...
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