Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered October 1, 2012, convicting him of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
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