People v. Josey

—Appeal by the People from an order of the Supreme Court, Queens County (Finnegan, J.), dated February 8, 1993, which granted the defendant’s motion to set aside the verdict and ordered a new trial.

Ordered that the order is reversed, on the law, the motion to set aside the verdict is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The defendant was convicted, upon a jury verdict, of robbery in the first degree and assault in the second degree arising from the forcible theft of a bicycle from the…