People v. Silva

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reversing defendant’s convictions of robbery in the first and second degrees and ordering a new trial on those counts, and as so modified, affirmed.

While on duty, John Perry — a parking lot attendant — was robbed of money and clothing by three masked men with guns. One of the robbers tied Perry’s hands and feet; the three men then stole a car from the lot and drove away. Perry untied his feet and hailed a police car. After placing Perry in the back seat, the police officers patrolled the area. Perry…