People v. Garrett

Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered November 14, 1985, convicting him of burglary in *506the third degree and criminal mischief in the second degree, upon his plea of guilty, and sentencing him to concurrent indeterminate terms of from 2 to 4 years’ imprisonment as a second violent felony offender.

Ordered that the judgment is modified, on the law, by vacating the defendant’s adjudication as a second violent felony offender and by substituting in its place an adjudication that he is a second felony offender pursuant to Penal Law §…