Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for a hearing to determine whether the defendant's conviction in the State of California is sufficient to qualify as a predicate felony in New York and for resentencing...
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