People v. Santiago

Judgment, Supreme Court, New York County (Shirley R. Levittan, J.), rendered February 27, 1985, convicting defendant after a jury trial of robbery in the first degree and sentencing him to an indeterminate term of imprisonment of from 8 to 16 years, unanimously modified, on the law, to reverse and vacate the sentence and to remand the matter for resentencing. As so modified, the judgment is otherwise affirmed.

Commendably, the People concede that defendant was improperly adjudicated a second felony offender inasmuch as his 1982 New Jersey conviction of possession of a controlled dangerous…