People v. Hock

— Judgment, Supreme Court, New York County (Rose L. Rubin, J.), rendered September 27, 1990, convicting defendant, after jury trial, of robbery in the first degree, and sentencing him to a term of imprisonment of 2Vz to 7 Vi years, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

Evidence at trial was that the complainant, a yellow cab driver, was hailed by defendant. As the cab approached the requested destination, defendant held a knife to the complainant’s throat and demanded all of his money. The complainant…