Ordered that the order dated September 5, 2006 is reversed insofar as appealed from, on the law, upon reargument, the order dated August 7, 2006 is vacated, the motion pursuant to CPL 440.20 to set aside the sentence is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
In October 1989, after a jury trial, the defendant was found guilty of murder in the second degree, in connection...
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