Opinion
October 13, 1992
Appeal from the Supreme Court, Kings County (Jones, J.).
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
In view of our determination in People v Quinn ( 186 A.D.2d 691 [decided herewith]), the defendant's conviction as an accessory to robbery in the first degree cannot stand. Balletta, J.P., O'Brien, Ritter and Copertino, JJ., concur.