State v. Newkirk

James Newkirk appeals his conviction for robbery in the second degree. We reverse and dismiss.

Facts

On December 8, 1988, Newkirk was charged by information with robbery in the second degree for taking a wallet and money from Mark Sandberg.

Officer Gerald Holley testified that on the night of December 5, 1988, he and his patrol partner were driving very *586slowly eastbound on Pike Street between First and Second Avenues. The officers observed a man run westbound on the sidewalk and dart into an alley going northbound. The officers followed the man into the alley, and saw him run into a parking lot…