People v. Brown

Mikoll, J. P.

Appeal from an order of the County Court of Tompkins County (Barrett, J.), entered August 23, 1993, which, upon reconsideration, reduced count I of the indictment from robbery in the second degree to robbery in the third degree.

Defendant was charged in count I of an indictment with robbery in the second degree and in counts II and III with assault in the third degree. County Court dismissed counts I and III based on legal insufficiency of the evidence before the Grand Jury. On a motion to reconsider, the court vacated its order dismissing count I and reduced count I from robbery…