People v. Banuchi

Judgment, Supreme Court, New York County (Michael Sonberg, J.), rendered March 15, 2000, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 16 years to life and 2 to 4 years, respectively, unanimously modified, on the law, to the extent of *403vacating the sentence and remanding the matter for resentencing as a second violent felony offender, and otherwise affirmed.

The trial court erred in sentencing defendant as a persistent violent felony offender…