People v. Holmes

—Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 22, 1977, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, count one of the indictment is dismissed, and a new trial is ordered as to the remaining counts of the indictment. Count one of the indictment, under which defendant was convicted, charged defendant with robbery in the first degree in that he used or threatened the immediate use of a dangerous instrument (Penal Law, § 160.15, subd 3). That count must be dismissed. The evidence…