People v. Smith

Judgment, Supreme Court, Bronx County (George Covington, J.), rendered December 12, 1988, convicting defendant after a jury trial of robbery in the second degree, and sentencing him to an indeterminate term of imprisonment of seven and one-half to fifteen years, unanimously affirmed.

Defendant and his accomplice were convicted of robbing a livery driver at gunpoint. Defendant testified that he was innocent, that he had somehow wrested the gun from complainant after a fare dispute, and that he was planning to surrender the gun to the police when he was arrested. During cross-examination, the…