People v. Bogan

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Curci, J.), rendered November 7, 1985, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of robbery in the second degree to one of robbery in the third degree and vacating the *735sentence imposed thereon. As so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for sentencing on the conviction of robbery in the third degree.

The evidence was…