Upon remand from this Court ( 271 A.D.2d 258), the trial court reinstated the verdict convicting defendant of robbery in the second degree and imposed sentence on that conviction. Defendant has not established that the interest of justice would be served by dismissal of the second-degree robbery count as a non-inclusory concurrent count of first-degree robbery (see, CPL 470.15[c],[6]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.