PEOPLE v. BIRMINGHAM


168 A.D.2d 503 (1990)

The People of the State of New York, Respondent, v. Harold Birmingham, Also Known as Mark Gilliam, Appellant

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

December 10, 1990


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the conviction of robbery in the first degree as charged in the first count of the indictment to robbery in the second 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 on that count.

The defendant...

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