Ordered that the order is reversed, on the law, the motion is granted, the defendant's sentence is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
The defendant was charged under Indictment 95386 with burglary in the second degree and grand larceny in the third degree. After his trial ended in a hung jury, the defendant pleaded guilty to attempted burglary in the second degree, a Class D violent...
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