Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to set aside the sentence imposed October 5, 2009, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.
The defendant moved, inter alia, to set aside the sentence imposed...
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