People v. Ulses

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered March 3, 1983, convicting him of robbery in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of 4ti to 9 years’ imprisonment.

Ordered that the judgment is modified, on the law, by reducing the minimum term of the sentence imposed from 4Vz to 3 years; as so modified, the judgment is affirmed.

At the time of sentencing, the court sentenced the defen*585dant predicated upon the alleged fact that robbery in the first degree, pursuant to Penal Law § 160.15 (3) was an…