People v. Rankin

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that the evidence is legally sufficient to establish defendant’s guilt of robbery in the second degree pursuant to Penal Law § 160.10 (1). We find, however, that the People did not meet their burden of proving defendant guilty of assault in the second degree pursuant to Penal Law § 120.05 (6) and robbery in the second degree pursuant to Penal Law § 160.10 (2) (a).…