People v. Rodriguez

—Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered January 8, 1993, convicting defendant, upon his guilty plea, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of to 5 years consecutive to a term of 3 Vi to 7 years previously imposed on a conviction of criminal possession of a weapon in the third degree, unanimously modified, on the law, to the extent of adjudicating defendant a second felony offender, and otherwise affirmed.

As the District Attorney concedes, defendant’s record did not support adjudication as a…