It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Niagara County Court for resentencing in accordance with the following memorandum: Defendant appeals from two judgments convicting him upon his pleas of guilty of robbery in the first degree (Penal Law § 160.15 [3]) and attempted robbery in the second degree (...
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