People v. Harvey

*874Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered June 30, 2011, convicting him of robbery in the first degree, robbery in the third degree (three counts), criminal possession of stolen property in the fifth degree (three counts), and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the facts, by vacating the conviction of robbery in the third degree under count three of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the…