Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for sentencing in accordance with the following Memorandum: Defendant was convicted of forgery in the second degree and petit larceny, arising out of the theft of a money order in the amount of $80.25. He was sentenced as a persistent felony offender to an indeterminate term of imprisonment of 17½ years to life on the forgery conviction. The record does not...
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