Argued March 25, 1987 Decided April 30, 1987 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John J. Clyne, J. Sol Greenberg, District Attorney (Renee Z. Farnham of counsel), for appellant. Robert S. Smith for respondent. SIMONS, J. Defendant has been convicted of robbing King's Variety Store in Albany. The conviction rests largely on testimony by his two accomplices, Ricky Cuff, who entered the store before the robbery, posing as a customer, and Jacob Whitbeck
Decided February 20, 2001. Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 21, 1999, which affirmed a judgment of the Supreme Court (Marcy Kahn, J.), rendered in New York County upon a verdict convicting defendant of assault in the second degree and criminal mischief in the fourth degree. Frank J. Loss, for appellant. Ellen Sue Handman, for respondent. Chief Judge Kaye