PEOPLE v. VEGA

Ordered that the sentence imposed under Indictment No. 7572/90 is affirmed; and it is further,

Ordered that the sentence imposed under Indictment No. 185/91 is modified, on the law, by reducing the term of imprisonment for robbery in the first degree from 10 to 20 years imprisonment to 6 2/3 to 20 years imprisonment; as so modified, the sentence is affirmed.

The defendant argues, and the People agree, that his conviction of robbery in the first degree under Indictment No. 185/91 pursuant to Penal Law § 160.15 (3) is not an armed felony offense and that, therefore, his sentence of 10 to 20 years imprisonment as an armed felony offender must be modified to a term of 6 2/3 to 20 years imprisonment. Mangano, P.J., Balletta, Rosenblatt, O'Brien and Pizzuto, JJ., concur.