People v. Bayard

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered December 16, 2004, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 7 years and 2 to 4 years, respectively, modified, on the law, to remand the matter for a new trial on the first count of the indictment, and otherwise affirmed.

The trial testimony established that defendant and the victim, who suffered from a mental disability, knew each other growing *329up. On June 1, 2004, they ran into…