People v. Martinez

Goldstein, J.,

concurs in part, and dissents in part, and votes to modify the judgment, on the facts, by reducing the defendant’s conviction of robbery in the first degree to robbery in the second degree, and vacating the sentence imposed, and as so modified, to affirm the judgment appealed from, and to remit the matter to the Supreme Court, Queens County, for *680resentencing on all counts, with the following memorandum: The defendant was charged, inter alia, with robbery in the first degree in that, "in the course of the commission of the crime or of immediate flight therefrom, [he] displayed…