Appellate Division of the Supreme Court of the State of New York October 19, 2000 (People v. Mitchell)

Crew III, J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered March 27, 1998, upon a verdict convicting defendant of the crime of robbery in the first degree.

*823Defendant was indicted and charged with robbery in the first degree of a McDonald’s restaurant in the City of Troy, Rensselaer County.