Judgment unanimously modified on the law and as modified affirmed and matter remitted to Genesee County Court for further proceedings in accordance with the following Memorandum: On September 23, 1996, defendant pleaded guilty to attempted robbery in the second degree and was sentenced on November 4, 1996 to an indeterminate term of incarceration of 1 to 3 years. On September 27, 1996, defendant was charged with burglary in the second degree. On November 12, 1996, defendant...
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