People v. Communiello

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered January 8, 1991, convicting him of robbery in the first degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the defendant’s conviction of robbery in the first degree under the first count of the indictment, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for a…