People v. Rivera

— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Brennan, J.), imposed August 5, 1982, upon his conviction of attempted robbery in the second degree, on a plea of guilty, the sentence being a definite term of one-year imprisonment and a $75 penalty assessment to be paid within 30 days, or, in the alternative, an additional term of 60 days’ imprisonment. Matter remitted to the Supreme Court, Queens County, for a determination with respect to resentence in accordance with CPL 420.10 (subd 4), and appeal held in abeyance in the interim.…