Judgment unanimously modified on the law by vacating the sentence imposed and as modified affirmed, and matter remitted to Cayuga County Court for resentencing, in accordance with the following memorandum:
Defendant appeals from a judgment convicting him of robbery in the second degree, arguing that the court improperly sentenced him as a persistent felony offender. We agree. The court failed to file the statement required by CPL 400.20 (3) or to follow the other...
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