Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was, in effect, to set aside the sentence imposed on his conviction of assault in the second degree is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing in accordance herewith.
As correctly conceded by the People, the sentence imposed by the Supreme Court upon the defendant's conviction...
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