Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed and the adjudication of the defendant as a second violent felony offender; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
The defendant's contention that his waiver of the right to a jury trial was inadequate is unpreserved for appellate review...
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