People of State of New York v. Lurcock

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of robbery in the second degree (Penal Law § 160.10 [1]), defendant contends that the court erred in admitting hearsay evidence; that the verdict of guilty of second degree robbery is repugnant to defendant’s acquittal of the charge of fourth degree conspiracy; that the court erred in its jury instruction by characterizing the complainant as a "victim”; and that the sentence is harsh and excessive.

The court erred in admitting hearsay evidence. The statement of defendant’s accomplice was not made in the course…