PEOPLE v. BRIGGS


220 A.D.2d 762 (1995)

632 N.Y.S.2d 851

The People of the State of New York, Respondent, v. Lionel Briggs, Appellant

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

October 30, 1995


Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of robbery in the second 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.

The defendant's contention that the People failed to prove his identification beyond a reasonable doubt is without merit. The identification issue presented...

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