People v. Henry

—Appeal by the *491defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered April 30, 1997, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence. By decision and order dated November 29, 1999, this Court reversed the judgment, on the law, and ordered a new trial (see, People v Henry, 266 AD2d 564). On December 21, 2000, the Court of Appeals reversed the order of this Court and remitted the matter to this Court for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) (see, People…