People v. Maldonado

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gallagher, J.), rendered January 12, 1987, convicting him of robbery in the second degree and robbery in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed as a matter of discretion in the interest of justice, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

*708The defendant’s brother became involved in a fight with the complainant in the parking lot…