Ordered that the judgment is modified, on the law, by reversing the conviction for criminal possession of a weapon in the fourth degree, and vacating the sentence imposed on all counts; as so modified the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing for murder in the second degree and burglary in the first degree (two counts).
As the hearing court noted in its decision, the "sole argument advanced by the defendant...
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