Ordered that the judgments are modified, as a matter of discretion in the interest of justice, by vacating the sentences imposed and the adjudication of the defendant as a second violent felony offender, and substituting therefor an adjudication of the defendant as a second felony offender; as so modified, the judgments are affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing of the defendant as a second felony offender.
The defendant...
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