People v. Hilton

— Motion to resettle the order of this court (145 AD2d 352) entered on December 20, 1988 granted, and the aforesaid order and the memorandum decision filed therewith are recalled, the order resettled as indicated, and a new memorandum decision substituted as follows:

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 29, 1986, convicting defendant, after a jury trial, of burglary in the first degree (Penal Law § 140.30 [2]), robbery in the first degree (Penal Law § 160.15 [3]), attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [1]), assault in the…