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Full opinion text

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing in accordance with the same Memorandum as in People v Brown (254 AD2d 781 [decided herewith]). (Appeal from Judgment of Oneida County Court, Buckley, J. — Attempted Sexual Abuse, 1st Degree.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.