Ordered that the judgment is modified, on the law, by vacating the sentence imposed; 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 was adjudicated a youthful offender upon his plea of guilty to attempted gang assault in the first degree. As part of the plea agreement, the defendant waived his right to appeal. The Supreme Court imposed a split sentence...
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