Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
In October 2018, the defendant pleaded guilty to attempted assault in the second degree in exchange for a promised sentence of...
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