People v. Curry

Appeal by the defendant from a judgment of the County Court, Nassau County (LaPera, J.), rendered September 25, 2001, convicting him of robbery in the second degree, robbery in the third degree, and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s contention that the evidence of physical injury was legally…