Judgment insofar as it imposes sentence upon defendant unanimously reversed, sentence vacated and matter remitted to Erie County Court for further proceedings in accordance with the following memorandum: Defendant pleaded guilty to robbery in the third degree in Erie County Court on April 8, 1970 and on May 4, 1970 was sentenced to the custody of the Department of Correction for an indeterminate term of not more than seven years. At the time of the sentencing, when defendant...
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