People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered October 2, 2003, convicting him of robbery in the first degree (five counts), attempted robbery in the first degree, and menacing in the second degree (six counts), upon a plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, and that the matter is remitted to the Supreme Court for further proceedings in accordance herewith.

The defendant received an enhanced sentence after it was found that he failed to satisfy a condition of his…