Ordered that the resentence is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
In reimposing the defendant's original sentence based solely on an order of the Supreme Court, Kings County, entered September 9, 2002, which decided the defendant's motion pursuant to CPL 440.20, the resentencing court treated the duty of resentencing as a ministerial function...
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