Ordered that the judgment is modified, as a matter of discretion in the interest of justice, 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 compliance with Penal Law § 70.10 (2) and CPL 400.20 (7).
Although the defendant's contention regarding his adjudication as a persistent felony offender is unpreserved for appellate review (see People...
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