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, Queens County, for resentencing in compliance with Penal Law § 70.10 (2).
The Supreme Court erred in sentencing the defendant as a persistent felony offender pursuant to Penal Law § 70.10 (2) upon his conviction of burglary in the second degree. The procedure for determining whether...
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