People v. Washington

— Judgment, Supreme Court, New York County (Williams, J., at suppression hearing; Hornblass, J., at trial with a jury), rendered February 4, 1983, convicting defendant of robbery in the first and second degrees and sentencing him as a persistent violent felony offender to concurrent indeterminate terms of imprisonment of 12 years to life and 8 years to life, respectively, unanimously modified, on the law, to vacate the sentences and to remand the matter for resentencing.

*255As the People concede with commendable candor, it was error to sentence defendant as a persistent violent felony offender…