People v. Rogers

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered June 4, 1986, convicting him of robbery in the *783second degree, criminal possession of stolen property in the first degree, assault in the second degree and leaving the scene of an accident, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction for assault in the second degree as charged in the fourth count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the…