People v. Barton

Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered April 7, 1987, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The charges of which the defendant stands convicted arose as a result of the October 11, 1986 robbery of an illegal Wyandanch social club, in the course of which the stocking-masked perpetrator displayed a sawed-off shotgun. At the trial, the People were permitted…