People v. Rogers

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered July 28, 2006. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for resentencing.

Memorandum: Defendant appeals from a judgment convicting *1174him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [1]). We previously reversed the judgment…