People v. Davis

OPINION OF THE COURT

Eugene J. Berkowitz, J.

The novel issue presented in this case is whether the newly enacted "reduction” statute, pertaining to the legal sufficiency of the evidence supporting the count(s) of an indictment, can be "retroactively” applied to prior decisions by the court, which resulted from motions to inspect and dismiss.

The defendant, herein, was indicted on March 14, 1990, and charged with robbery in the second degree, robbery in the third degree and criminal possession of stolen property in the fifth degree.

*749As a result of an omnibus motion by the defendant, which was…