People v. Letterlough

—Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Thorp, J.), rendered January 17, 1992, convicting him of robbery in the second degree and robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the facts, by vacating the conviction for robbery in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant and an accomplice were observed stealing merchandise from a J.C. Penney store. After leaving the store,…