People v. McDaniel

Order, Supreme Court, New York County (Howard Bell, J.), entered December 13, 1983, setting aside the jury’s verdict convicting defendant of robbery in the first degree, reversed, on the law and the facts, the verdict reinstated and the matter remanded for sentencing.

The trial court found a failure of proof of the defendant’s guilt beyond a reasonable doubt. In so holding, it found that the robbery victim did not identify the defendant and that the only evidence against him was his own statement that he was with two other men when they met the victim on the street but, when one of his…