People v. Brown

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered May 27, 1997, convicting him of robbery in the third degree and petit larceny (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction for petit larceny under the third count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The trial court providently exercised its discretion in denying the defendant’s application for a…