Ordered that the resentence is affirmed.
Upon granting the defendant's motion pursuant to CPL 440.20 to vacate his sentence, the Supreme Court set aside his sentence as a second violent felony offender and resentenced him, as a second felony offender, to the same term of imprisonment originally imposed. The defendant contends that this was improper and that the matter should be remitted for further resentencing.
The record demonstrates that the error of the...
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