People v. Shaw

—• Appeals (1) from a judgment of the County Court of Broome County (Coutant, J.), rendered February 27, 1981, upon a verdict convicting defendant of the crimes of robbery in the first degree and attempted robbery in the first degree, and (2) by permission, from an order of the same *624court, entered April 7, 1982, which denied a motion to vacate the judgment of conviction. The proof at trial established that at about 3:30 a.m. on the morning of April 15, 1980, defendant and an accomplice held up a Hess gas station attendant in the Town of Vestal, New York. Defendant pointed a handgun at the…