OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be modified by vacating the sentence and remitting the case to County Court for resentencing in accordance with this memorandum and, as so modified, affirmed.
On November 30, 2007, defendant pleaded guilty, as a first time felony offender, to assault in the second degree (Penal Law § 120.05 [2]), a class D violent felony offense (see Penal Law § 70.02 [1...
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