It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for resentencing.
Memorandum:
Defendant admitted to a violation of probation and was sentenced to a determinate term of imprisonment of three years upon her underlying conviction of attempted burglary in the second degree...
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