People v. Merritt

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered June 8, 1983, convicting him of robbery in the second degree, upon a jury verdict, and sentencing him, as a persistent violent felony offender (Penal Law § 70.08) to an indeterminate term of 10 years to life imprisonment.

Judgment modified, on the law, by vacating the sentence and remitting the matter to the Supreme Court, Kings County, for the resentencing of defendant as a second violent felony offender pursuant to Penal Law § 70.04. As so modified, judgment affirmed.

Defendant asserts three…