Citation Numbers: 254 A.D. 628, 4 N.Y.S.2d 571, 1938 N.Y. App. Div. LEXIS 6770
Filed Date: 3/25/1938
Status: Precedential
Modified Date: 10/28/2024
The defendant has been convicted of the crime of robbery in the first degree. He was likewise indicted and tried for assault, second degree, growing out of the same transaction. The jury acquitted on that charge, and there is not sufficient evidence to sustain the conviction of robbery. Judgment of conviction reversed, on the law and facts, indictment dismissed, and prisoner discharged. Hill, P. J., Rhodes, MeNamee, Crapser and Heffeman, JJ., concur.