Fein, J. P., and Sandler, J., dissent in a memorandum by Sandler, J., as follows:
Defendant appeals from a judgment of the Supreme Court of the State of New York, rendered August 8, 1977, convicting him, upon his plea of guilty, of robbery in the first degree and sentencing him as a second felony offender to an indeterminate term of imprisonment of not less than 6 to 12 years. The issue presented on this appeal concerns the refusal of the trial court to grant defendant...
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