Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a hearing pursuant to CPL 400.21 and resentencing.
During the early morning hours of April 11, 1992, three homeless men were drinking vodka in front of a fire they had built in an abandoned warehouse in the Greenpoint section of Brooklyn. Upon hearing a knock at the door, one...
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