Order unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: In 1978 defendant was convicted of robbery in the second degree. The judgment of conviction was entered upon defendant's guilty plea, after defendant had executed a waiver of indictment and consented to be prosecuted on a Superior Court Information. Defendant had not been held for Grand Jury action with respect to...
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