People v. Cespi

182 A.D.2d 582, 585 N.Y.S.2d 702, 1992 N.Y. App. Div. LEXIS 6333

Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered February 1, 1989, convicting defendant, after a jury trial, of robbery in the first degree and sentencing him, as a second violent felony offender, to a term of imprisonment of 9 to 18 years, unanimously reversed, on the law and the facts, and as a matter of discretion in the interest of justice, and the case remanded for a new trial.

Defendant’s conviction is reversed for the reasons set forth in the memorandum decision in the appeal of the codefendant Jerome Dudley (167 AD2d 317; see also, People v Varona, 167 AD2d 322; People v Gray, 169 AD2d 477).

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Rosenberger, Ellerin and Asch, JJ.