People v. Holmes

—Judgment unanimously reversed on the law and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Defendant was charged with three counts of robbery in the third degree arising out of bank robberies on December 31, 1991, January 9, 1992, and February 24, 1992. The December and February robberies occurred at the same branch of a Marine Midland Bank; the January robbery occurred at a different bank, and that charge was severed. Defendant was convicted of the February robbery but acquitted of the December robbery.

Defendant appeared in a…