PEOPLE v. LEMON


124 A.D.2d 679 (1986)

The People of the State of New York, Respondent, v. Michael Lemon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 10, 1986


Ordered that the judgment is modified, on the law, by reducing the conviction of robbery in the first degree to robbery in the third degree, and vacating the sentence imposed on that count. As so modified, the judgment is affirmed and the matter is remitted to the Supreme Court, Kings County, for resentencing on the conviction of robbery in the third degree.

The People concede, and we agree, that the proof adduced at the trial was insufficient to sustain a conviction...

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