Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was pursuant to CPL 440.10(1) (h), in effect, to vacate the judgment, and substituting therefor a provision granting that branch of the defendant's motion; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.
In 2011, the then 17-year-old...
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