Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.20(1) to set aside his sentence is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith, before a different Justice.
The defendant was convicted, upon a jury verdict, of robbery in the first degree (five counts) and robbery in the third degree. At sentencing on December 18, 2003, the Supreme...
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