People v. Rodriguez

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Spodek, J.), rendered August 18, 1983, convicting him of attempted murder in the second degree, attempted robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him, as a persistent violent felony offender, to concurrent terms of imprisonment of 25 years to life.

Judgment modified, on the law, by (1) vacating the sentence imposed and (2) vacating the persistent violent felony adjudication, and substituting therefor an adjudication that defendant is a…