People v. Middleton

OPINION OF THE COURT

Harold Fertig, J.

On July 29, 1991, in this court, defendant was found guilty, by a jury, of robbery in the third degree, two counts of grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree. Defendant now moves, pursuant to CPL 330.30 (1), to set aside the verdict insofar as defendant was found guilty of the crime of robbery in the third degree. The court finds that the specific facts of this case are novel to the State of New York, although not in other jurisdictions.

Both the People and defendant agree that the pivotal evidence…