People v. Dell'Orfano

—Appeal by the defendant (1) from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered March 7, 1989, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated June 4, 1991, which denied his motion to vacate the judgment pursuant to CPL 440.10.

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, Suffolk County, for resentencing in compliance with Penal Law §…