Appellate Division of the Supreme Court of the State of New York April 14, 2009 (People v. Sarubbi)

Judgment, Supreme Court, New York County (Lewis Bart Stone, J, at suppression hearing; John Cataldo, J., at jury trial and sentence), rendered November 15, 2007, convicting defendant of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.