People v. Avilla

—Order, Supreme Court, Bronx County (Ira Globerman, J.), entered March 4, 1996, which granted defendant’s motion to reduce count one of the indictment from attempted robbery in the first degree to attempted robbery in the third degree, unanimously reversed, on the law, defendant’s motion denied, count one of the indictment charging defendant with attempted robbery in the first degree reinstated and the matter remanded for further proceedings.

The complainant’s Grand Jury testimony, that he was approached by two men on the street, one of whom, the defendant, said "I have a gun and I’m gonna…