People v. Rose

Appeal by the defendant from a judgment of the Supreme Court, Rings County (Del Giudice, J.), rendered February 28, 2013, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant’s conviction of robbery in the first degree to attempted robbery in the first degree, and by vacating the sentences imposed upon the defendant’s convictions of robbery in the first degree and robbery in the second degree; as so…