People v. Barclay

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered April 15, 1992, convicting him of robbery in the first degree, assault in the second degree, and sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed, vacating the persistent violent felony offender adjudication, and substituting therefor an adjudication that the defendant is a second violent felony offender; as so modified, the judgment is affirmed, and the matter is…