Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.10 to vacate the judgment is granted, the judgment is vacated, the resentence is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith; and it is further,
Ordered that the appeal from the resentence is dismissed as academic in light of our determination on the appeal from the order.
In February 2010, after...
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