People v. Carr-El

McGinity, J.,

concurs in part and dissents in part and votes to modify the judgment by vacating the conviction of robbery in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and otherwise affirming the judgment, with the following memorandum: On February 8, 1997, at approximately 4:30 a.m., the defendant, along with the codefendant Danny Postigo, boarded the “N” train at the Ditmars Boulevard and 31st Street subway station in Queens County. The codefendant approached a sleeping passenger, the complainant, and sliced open the complainant’s…