People v. Mack

—Judgment, Supreme Court, New York County (Bernard Fried, J., at suppres*132sion hearing; Jay Gold, J., at jury trial and sentence), rendered April 28, 1992, convicting defendant of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 8 years to life, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a predicate felony hearing, and otherwise affirmed.

Defendant’s conviction arises out of the robbery of money from a restaurant, accomplished with the display of what appeared to be a gun to various restaurant…