People v. Bennett

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bianchi, J.), rendered May 24, 1988, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed and the adjudication that the defendant is a second violent felony offender and substituting an adjudication that the defendant is a second felony offender; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for…