Insufficient Evidence for Second-Degree Robbery Conviction
At trial, the complainant testified that his ring finger was injured during a robbery. But, his finger was not broken, he was not provided any pain medication, and he did not have diminished use of his finger or hand for any length of time.
Under these circumstances, the Appellate Division found that there was insufficient evidence to support a second-degree robbery conviction, which requires a finding that the complainant suffered a physical injury. The court reduced the conviction to third-degree robbery.
The Appellate Division, however, not only sent the case back for a new sentence on the third-degree robbery conviction, but also found that Mr. Boney was entitled to a resentencing on the remaining count of third-degree possession of stolen property. The court reasoned that the trial court took the second-degree robbery conviction into consideration when deciding that Mr. Boney was a persistent offender.
This case was briefed and argued by Steve Bernhard.