Ordered that the sentence is reversed, on the law, the adjudication that the defendant is a persistent felony offender is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing of the defendant as a second felony offender.
Upon the defendant's first felony conviction he received a sentence of probation and six months imprisonment. After his release, and while serving his term of probation, he committed his second felony. Upon that...
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