People v. Morant

—Appeal by defendant from a judgment of the Supreme Court, Queens County (Eiber, J., at trial; Rotker, J., at sentence), rendered June 28, 1984, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

A review of the record compels the conclusion that the People established, beyond a reasonable doubt, defendant’s guilt of robbery in the second degree. Clearly, the jury chose not to credit defendant’s testimony that he was merely an…