People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered September 9, 2003, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The defendant has not preserved for appellate review his contention that the jury charge regarding interested witnesses was…