Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed, and case remitted to Criminal Term for a hearing pursuant to CPL 400.21 and for resentencing.
At sentencing, defendant was arraigned on a prior offense information arising out of a 1970 conviction in Queens County, upon his plea of guilty to robbery in the second degree. Defendant admitted entering the plea, but referred the sentencing court to his trial testimony that the...
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