People v. O'Toole

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered October 14, 2008, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously reversed, on the law, and the matter remanded for a new trial.

At defendant’s first trial, which resulted in a reversal by this Court (39 AD3d 419 [2007]), defendant was convicted of second-degree robbery but acquitted of first-degree robbery and two counts of attempted second-degree grand larceny. Therefore, *436under the facts presented, the…