People v. McDaniel

Order unanimously reversed on *927the law and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: After a nonjury trial, defendant was convicted of robbery in the first degree, robbery in the second degree, attempted sodomy in the first degree, criminal possession of a weapon in the third degree, unauthorized use of a vehicle in the first degree, reckless endangerment in the second degree and resisting arrest. We affirmed the judgment (see, People v McDaniel, 161 AD2d 1125). Defendant contends that the motion court erred in denying, without a…