Judgment modified, as a matter of discretion in the interest of justice, by vacating the sentences imposed, and remitting the matter to the Supreme Court, Kings County, for resentencing as a second felony offender pursuant to Penal Law § 70.06. As so modified, judgment affirmed.
The defendant was charged with participation in four robberies of a single supermarket. The principal witnesses at the trial were Angelo Mandoza, a store employee who was present at the...
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