Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant was illegally sentenced as a second felony offender on the count of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c]). Under Penal Law § 70.06 (1) (a), only a person convicted of a felony defined by the Penal Law may be sentenced as a second felony offender...
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