People v. Leon

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for sentencing in accordance with the following Memorandum: Defendant was charged with robbery in the third degree (Penal Law § 160.05) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]) for forcibly stealing a cash register from a convenience store in Utica and intentionally damaging it during the course of the robbery. Although the robber wore a ski mask, the clerk recognized defendant, who was a regular customer of the store, by his voice, distinctive walk, and…