People v. Backus

Appeal from a judgment of the County Court of Broome (Smith, J.), rendered January 30, 2009, which resen-tenced defendant following his conviction of the crimes of robbery in the second degree (two counts) and grand larceny in the fourth degree.

Defendant was convicted of two counts of robbery in the second degree and one count of grand larceny in the fourth degree and sentenced to an aggregate prison term of 10 years. The convictions were upheld upon appeal (301 AD2d 866 [2003], lv denied 100 NY2d 559 [2003]). The sentences upon the two robbery counts required, but did not include, terms of…