Majority
p. 960The People of the State of New York, Respondent, v Phillip Spinninger, Appellant.
Appeal by defendant from a judgment of the Supreme Court, Queens County (Brown, J.), rendered August 10, 1983, convicting him of robbery in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered (see, People v La Rosa, 112 AD2d 954 ). Gibbons, J. P., Niehoff, Rubin and Kunzeman, JJ., concur.
Cases cited
- People v. La Rosa 112 AD2d 954 p. 960