People v. Diaz

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, following a jury trial, of two counts of robbery in the first degree (Penal Law § 160.15 [1] [causing serious physical injury], [3] [using a dangerous instrument]), one count of assault in the first degree (Penal Law § 120.10 [3] [depraved indifference]) and one count of grand larceny in the second degree (Penal Law § 155.35). The charges arise out of defendant’s theft of an automobile left unattended by its owner with the keys in its ignition. Defendant entered the automobile and started to drive away…