Ordered that the resentence is reversed, on the law, that branch of the defendant's motion which was pursuant to CPL 440.20 to set aside so much of a sentence of the same court imposed December 22, 2016, as certified him as a sex offender pursuant to Correction Law article 6-C is denied, and the sentence imposed December 22, 2016, is reinstated.
The defendant pleaded guilty to attempted strangulation in the second degree as a sexually motivated felony (Penal Law ...
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