People v. Boyer

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered November 9, 2000, convicting him of robbery in the second degree (two counts), robbery in the third degree, and intimidating a witness in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by revers*530ing the conviction of robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the…