Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: In accordance with a plea bargain, defendant pleaded guilty to robbery in the first degree (Penal Law § 160.15 [1]) and was sentenced to a determinate term of incarceration of 12 years. We agree with defendant that County Court erred in sentencing him as a second felony offender because neither...
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