People v. Robins

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered July 23, 1981, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. *722Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

At approximately 8:15 a.m. in the morning of July 5, 1979, James Ray was working in his auto repair shop when he was approached by two men who asked for a boost from a battery. Mr. Ray answered that he could not help them, but the men continued to approach. When they…