People v. McTyere

Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant, together with others was indicted and charged with two counts of robbery in the second degree (Penal Law, §§ 20.00, 160.10, subd 2, pars [a], [b]) and one count of grand larceny in the third degree (Penal Law, §§ 20.00,155.30, subd 1). The charges arise out of a holdup of a drug store in the City of Niagara Falls during which an employee of the store was struck on the head with a “gun” that later was identified to be a cigarette lighter. Approximately $100 was taken…