Opinion
February 22, 1977
Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered February 25, 1975, convicting him of robbery in the first degree, possession of weapons, etc., as a felony, and petit larceny, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No fact questions have been considered. In view of the finding, made after the trial, that defendant had been unable to participate meaningfully in his trial, the judgment must be reversed (see Drope v Missouri, 420 U.S. 162; cf. People v Smyth, 3 N.Y.2d 184, 187). Latham, Acting P.J., Margett, Suozzi and Mollen, JJ., concur.