PEOPLE v. GARCIA

Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The People assert and the defendant concedes that the sentence of probation, imposed upon his conviction for the crime of robbery in the second degree, a class C felony offense (see, Penal Law § 160.10), is illegal and that a sentence of incarceration is statutorily mandated (see, Penal Law § 70.02 [b]; [3] [b]; [4]). Accordingly, the sentence is vacated and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance with the law (see, People v Royster, 96 A.D.2d 519). Mollen, P.J., Brown, Weinstein and Eiber, JJ., concur.