People v. Desjardins

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally insufficient to prove the defendant’s identity as one of the people involved in a robbery that took place on March 9, 2007. We therefore vacate the convictions of robbery in the first degree and robbery in the second degree pertaining to March 9, 2007, vacate the sentences imposed thereon, and dismiss counts 37 and 38 of the indictment.

Contrary to the defendant’s contention, the trial court properly denied his request to have robbery in the third degree…