People v. Nazario

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered January 6, 2009, convicting him of robbery in the second degree (two counts) and robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and in the exercise of discretion, and a new trial is ordered.

The defendant allegedly stole the victim’s cell phone in a park *784in Queens. He was identified by the victim at a police-arranged showup less than 30 minutes after the alleged robbery occurred, approximately three blocks from the park.…