Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
The general waiver of the right to appeal that the defendant executed does not bar his contention that he was improperly sentenced as a second felony offender, since this constitutes a challenge to the legality of the sentence (...
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