
    The 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.  