People v. Rosario

Judgment, Supreme Court, Bronx County (Nicholas Figueroa, J.), entered January 22, 1986, convicting defendant, after a jury trial, of the crime of robbery in the first degree (Penal Law § 160.15), and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of from 4 Vi to 9 years, is unanimously reversed, on the law and on the facts, and remanded for a new trial.

The People’s evidence consisted, in substance, of the testimony of Ms. Lucia Diaz (Ms. Diaz), Mr. Sylvario Vargas (Mr. Vargas), and New York City Police Officer Alphonso Belagar (Officer Belagar). The…