In granting defendant's motion to set aside his sentence on the ground that his adjudication as a persistent violent felony offender was unlawful, the court erred in failing to consider the People's alternative argument that defendant could be adjudicated a persistent violent felony offender based on a 1999 conviction for first-degree robbery. "There is nothing in the Penal Law to indicate that a resentencing necessarily resets the controlling sentencing date for purposes...
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