People v. Kelly

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 25, 1988, convicting defendant, after a jury trial, of robbery in the first degree (Penal Law § 160.15 [2]) and criminal possession of a weapon in the second degree (Penal Law § 265.03) and sentencing him, as a predicate violent felon, to concurrent indeterminate terms of imprisonment of from 9 to 18 years and from 6 to 12 years, respectively, reversed, on the law, and a new trial ordered.

This prosecution stemmed from a robbery which occurred at 2:00 a.m. on August 9, 1987, at the Latin Quarter, a nightclub on…