Ordered that the sentence is reversed, on the law, the adjudication of the defendant as a second felony offender is vacated, and the matter is remitted to Supreme Court, Kings County, for resentencing of the defendant in accordance herewith before a different Justice.
Following the defendant's plea of guilty to criminal possession of a controlled substance in the third degree, the People served and filed a statement pursuant to CPL 400.21 alleging that the defendant...
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