Sentence, as amended, modified, on the law, by vacating the sentences imposed on defendant's conviction of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the third degree. As so modified, sentence, as amended, affirmed and matter remitted to Criminal Term for resentencing on those counts.
The court erred in refusing to sentence defendant as a second violent felony offender upon his conviction of the crimes of robbery...
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