People v. Greene

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in People v Greene should be affirmed. The order of the Appellate Division in People v Bogan should be reversed and the case remitted to the Appellate Division for a determination of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

In People v Greene, defendant appeals from an order affirming his conviction of assault in the second degree (Penal Law § 120.05). In People v Bogan, the People appeal from an order which modified defendant’s judgment of conviction, on the law, by reducing the conviction for robbery in the second…