Ordered that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Nassau County, for resentencing in accordance herewith.
The defendant was convicted, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol (see Vehicle and Traffic Law § 1192 [3]), as a felony (see Vehicle and Traffic Law § 1193 [1] [c] [i]). At sentencing, the Supreme Court sentenced the defendant, as required...
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