People State New York v. Frank Williams

[50 A.D.2d 911 Page 911] Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 15, 1974, convicting him of robbery in the first degree (four counts), robbery in the second degree (two counts) and grand larceny in the third degree (four counts), upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of robbery in the second degree and grand larceny in the third degree and the sentences imposed thereon and the said counts are dismissed. As so modified, judgment affirmed. The first two counts of the indictment charge the robbery in the first degree of complainant Johnson in that defendant, acting in concert with other persons actually present, forcibly stole certain property, and that he and the other perpetrators displayed what appeared to be a firearm (count one) and used and threatened the use of a dangerous instrument (count two). The fifth and sixth counts, respectively, repeat the same allegations as to the complainant Robertson. The theft of the same property specifically listed in the counts charging robbery in the first degree also constitute the basis of the convictions of robbery in the second degree and grand larceny in the third degree.