Ordered that the resentence is affirmed.
On March 25, 1987, after the defendant was convicted at a jury trial of having forcibly sodomized another inmate at the Nassau County Correctional Center (see Penal Law former § 130.50 [1]), he was sentenced as a persistent violent felony offender to an indeterminate prison term of 25 years to life. In February 2009, upon the People's concession that the predicate offenses were not violent felonies and that the...
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