People v. Clerkin

Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered May 1, 1987, convicting him of robbery in the first degree and petit larceny, after a nonjury trial, and imposing sentence, and (2) by permission, from an order of the same court, dated September 1, 1987, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction.

Ordered that the judgment and the order are affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence in the light most…