People v. Rogers

Memorandum:

Defendant appeals from a resentence imposed upon remittal of this matter to County Court. On defendant’s first appeal in this matter, we reversed the judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [3]) and robbery in the first degree (§ 160.15 [1]), and we granted him a new trial on the counts of the indictment *1507charging him with those crimes (People v Rogers, 16 AD3d 1101 [2005]). On appeal from the judgment convicting defendant of robbery in the first degree following the retrial, we vacated the sentence on the ground that it was…