People v. Gillard

Judgment, Supreme Court, New York County (Rena Uviller, J.) rendered October 1, 1992, convicting defendant after a jury trial of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The victim, who recognized defendant from the neighborhood, immediately made a 911 call to the police, as he did when he saw defendant on two subsequent occasions. As a result of routine police procedure, the three 911 tapes were destroyed 90 days after the transmission, though Sprint reports were found for two of the calls. Prior to trial,…