People v. Coleman

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered April 3, 2003. The judgment convicted defendant, upon his plea of guilty, of sodomy in the first degree, sexual abuse in the first degree, and robbery in the third degree.

It is hereby ordered that the judgment so appealed from be *1034and the same hereby is unanimously modified on the law by vacating the sentence imposed on robbery in the third degree and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing on count three of the indictment.

Memorandum: Defendant…