Carpinello, J.
An indictment charging defendant with the crime of robbery in the second degree arose out of the robbery of a restaurant on January 28, 2004. Found guilty as charged by a jury, defendant appeals claiming that the evidence was legally insufficient to prove that he committed the crime, the indictment should be dismissed in the interest of justice pursuant to CPL 210.40 and his 10-year prison sentence as a second felony offender was harsh and excessive...
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