Ordered that the judgment is reversed, on the facts, the conviction of robbery in the second degree and the sentence imposed thereon are vacated, that count of the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the count of the indictment charging assault in the third degree.
On August 18, 2005, the complainant, a consulting engineer who had been hired by a third party, was inspecting and photographing...
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