As the People concede with commendable candor, the 5- to 10-year sentence on the second degree robbery count was unauthorized. The minimum should have been set at one third of the maximum rather than one half (Penal Law § 70.02 [1] [b]; [2] [a]; [3] [b]; [4]).
The evidence was more than sufficient to convict the defendant beyond a reasonable doubt. Defendant was not denied a fair trial. We have examined all of the other claims of error made by the defendant and...
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