People v. Grant

Appeal by the People from so much of an order of the Supreme *712Court, Richmond County (Rienzi, J.), dated January 22, 2009, as granted that branch of the defendant’s omnibus motion which was to dismiss the indictment to the extent of reducing the charge of robbery in the first degree to the charge of robbery in the third degree.

Ordered that the order is affirmed insofar as appealed from.

Contrary to the People’s contention, the evidence before the grand jury was legally insufficient to establish the charge of robbery in the first degree (see CPL 210.20 [1] [b]; Penal Law § 160.15 [3]; People v…