It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing in accordance with the following memorandum: Defendant was convicted upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [1]). During the...
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