People v. Tate

Judgment of the Supreme Court, New York County (Clifford Scott, J.), rendered on January 25, 1989, convicting defendant, after trial by jury, of robbery in the first, second and third degrees and sentencing him to three concurrent terms of imprisonment of 12 Vi to 25 years, IV2 to 15 years and 3 ¥2 to 7 years, respectively, is unanimously reversed, upon the law and facts, and the case is remanded for a new trial on all charges.

The security guard at the Duane Reade store located at 509 Fifth Avenue in New York County observed the defendant move from aisle to aisle while carrying a shopping bag…