Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and as a matter of discretion in the interest of justice, that branch of the defendant's motion which was pursuant to CPL 440.47 to vacate the sentence imposed upon his conviction of murder in the second degree, and to be resentenced on that conviction in accordance with Penal Law § 60.12 is granted, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings...
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