It is hereby ordered that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Onondaga County Court for the filing of a new persistent violent felony offender statement and resentencing.
Memorandum: Defendant was convicted upon a jury verdict of, inter alia, rape in the first degree (Penal Law § 130.35[3]), and he now appeals from a resentence with respect to that conviction. Defendant contends that County Court erred...
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