People v. Farkas

Appeal by the defendant from a judgment of the Supreme *874Court, Kings County (Del Giudice, J.), rendered August 10, 2011, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts, the conviction of robbery in the second degree and the sentence imposed thereon are vacated, that count of the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the count of the indictment charging assault in the third degree.

On August 18, 2005, the complainant, a…