Opinion
May 25, 1971
Judgment, Supreme Court, Bronx County, rendered October 23, 1970, convicting defendant-appellant of robbery in the third degree, grand larceny in the third degree, and criminal mischief in the third degree, unanimously modified, on the law, to strike therefrom the conviction of criminal mischief, and otherwise affirmed. The record contains no evidence to justify an inference of the specific intent required by subdivision 1 of section 145.00 Penal of the Penal Law.
Concur — Capozzoli, J.P., Markewich, Nunez, McNally and Macken, JJ.