People v. Johnson

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered January 3, 2012, convicting him of robbery in the third degree, burglary in the third degree, criminal mischief in the third degree, and possession of burglar’s tools, after a nonjury trial, and imposing sentence.

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

Viewing the evidence in the light most favorable to the prosecution (see People v Contes,…