PEOPLE v. NUNESS

Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum:

This Court affirmed defendant's judgment of conviction ( 159 A.D.2d 970, lv denied 76 N.Y.2d 862) and thereafter granted defendant's motion for a writ of error coram nobis ( 266 A.D.2d 934). Upon reviewing the appeal de novo, we agree with defendant that, in light of his conviction of two counts of robbery in the first degree (Penal Law § 160.15), his conviction of the noninclusory concurrent counts of criminal use of a firearm in the first degree (Penal Law § 265.09 [b]) must be reversed and the sentences imposed thereon vacated ( see, People v. Brown, 67 N.Y.2d 555, 560-5 61, cert denied 479 U.S. 1093). Although defendant's contention is not preserved for our review, we modify the judgment as a matter of discretion in the interest of justice by reversing defendant' s conviction of criminal use of a firearm in the first degree under counts three and four of the indictment, vacating the sentences imposed thereon and dismissing those counts of the indictment.