People v. Esquiled

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Tomei, J.), dated June 28, 2012, which denied his motion pursuant to CPL 440.20 (1) to set aside a sentence of the same court imposed July 27, 1998, upon his conviction of robbery in the first degree, reckless endangerment in the first degree, and menacing in the second degree, upon a jury verdict.

Ordered that the order is reversed, on the law, the motion is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The…