People v. Jimenez

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered January 28, 1993, convicting him of attempted robbery in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of 10 years to life imprisonment.

Ordered that the judgment is modified, as a matter of *720discretion, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant’s contention that the People failed to adduce legally sufficient evidence to sustain his…