People v. Hernandez

Appeal by the defendant from a judgment of the County Court, Westchester County (Holdman, J.), rendered May 21, 2010, convicting him of robbery in the first degree, upon his plea of guilty, and sentencing him, as a second felony offender, to a determinate term of imprisonment of eight years, to be followed by a period of five years of postrelease supervision.

Ordered that judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for resentencing in accordance herewith.

The…