July 10, 1975
Indictments charging defendant with unlawful possession of an instrument of crime, carrying a firearm without a license, criminal conspiracy, robbery, and aggravated assault. Before CARSON, JR., J., without a jury. Appeal, No. 423, Oct. T., 1975, from judgments of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1973, Nos. 1040, 1041, and 1042.
Leonard Sosnov and John W. Packel, Assistant Defenders, and Benjamin Lerner, Defender, for appellant; Neil Kitrosser, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Per Curiam: The convictions of aggravated assault at Nos. 1041 and 1042 of 1974 are affirmed.
Judgment of sentence of three to ten years on the conviction of robbery at No. 1040 is vacated, and the case is remanded for resentencing in accordance with Commonwealth v. Lockhart, 223 Pa. Superior Ct. 60, 296 A.2d 883 (1972).
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