People v. Moss

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered January 11, 1993, convicting him of robbery in the first degree, criminal possession of stolen property in the fifth degree, attempted assault in the second degree (two counts), resisting arrest (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The critical issue with respect to the robbery charge…