Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Eng, J.).
Ordered that the judgment is modified, on the law, by reversing the defendant's convictions of robbery in the first degree and petit larceny, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
We agree with the defendant's contention that the trial evidence was legally insufficient to establish beyond a reasonable doubt his guilt of robbery in the first degree and petit larceny. The People failed to establish that the alleged victim had a right of possession superior to that of the defendant and that the defendant "took" such items from that person ( see, Penal Law § 155.00, § 155.05 [1]; People v. Jennings, 69 N.Y.2d 103, 118).
The defendant's remaining contentions are without merit.
Bracken, J.P., Santucci, Altman and McGinity, J.J., concur.