People v. Caraballo

—Judgment, Supreme Court, New York County (Rose L. Rubin, J.), entered July 5, 1988, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him as a predicate felon to an indeterminate prison term of from 3 to 6 years, unanimously reversed, as a matter of discretion in the interest of justice and the matter remanded for a new trial.

Defendant and his brother, co-defendant Jose Caraballo, were jointly tried under an indictment charging both of them with robbery, and charging Jose only with criminal possession of a weapon in the fourth degree. Although the…