People v. Gonzalez

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered November 17, 1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence as a persistent violent felony offender.

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

As the People concede, Criminal Term erred in adjudicating defendant a persistent violent felony offender. Defendant’s…