PEOPLE v. CASTRO


151 A.D.2d 690 (1989)

The People of the State of New York, Respondent, v. Masemo Castro, Appellant

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

June 19, 1989


Ordered that the judgment is modified, on the law and the facts, by reducing the defendant's conviction of robbery in the first degree to robbery in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing with respect to robbery in the third degree.

We find that the proof at trial was insufficient to support the defendant's conviction of robbery...

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