People v. Estes

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered November 27, 1985, convicting her of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.

The complaining witness testified that the defendant bit him on the hand during the course of a robbery. He went to a…