Opinion
February 6, 1989
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgment is modified, on the law, by reversing the conviction for robbery in the second degree, vacating the sentence imposed thereon and dismissing that count of the indictment; as so modified the judgment is affirmed.
We agree with the defendant's contention that the evidence, even when viewed in the light most favorable to the prosecution (People v Contes, 60 N.Y.2d 620), was legally insufficient to sustain his conviction for robbery in the second degree (see, People v [Robert] Williams, 147 A.D.2d 515 [decided herewith]). Accordingly, that conviction must be reversed.
We have examined the remaining contentions advanced by the defendant on appeal and find them to be without merit. Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.