130.Court of Appeals of the State of New York.
October 25, 2005.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.
Opinion by Judge READ.
Judgment modified by vacating the sentence imposed upon the conviction of murder in the first degree and remitting to County Court, Suffolk County, for resentencing in accordance with CPL 470.30 (5) (c) and Penal Law 60.06 and 70.00 (5) and, as so modified, affirmed.
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