Opinion
April 29, 1996
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
Having examined the record, including the transcripts of the plea and sentence proceedings, we cannot determine which charge or charges the defendant was convicted of and sentenced for. Therefore, we remit this matter to the Supreme Court, Queens County, for clarification in accordance with this decision and order. Ritter, J.P., Copertino, Joy and Hart, JJ., concur.