It is hereby ordered that the resentence be and the same hereby is unanimously reversed on the law and the matter is remitted to Oswego County Court for further proceedings in accordance with the following memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [9]) and sentencing him to a determinate term of incarceration of five years plus five years of postrelease supervision...
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