One of three defendants in the May gunpoint robbery of three men on the East Side was acquitted today of second-degree robbery but convicted of two counts of attempted second-degree robbery.
State Supreme Court Justice Penny M. Wolfgang announced her verdict two weeks after she presided at a bench trial for Devan Palmer, 21, of Mary B. Talbert Boulevard, Buffalo.
Wolfgang set sentencing for April 18 and continued Palmer’s bail at $5,000, which he previously posted. He faces two to seven years in prison.
Palmer was charged along with Cameo Simmons and Quincy Cassanova in the May 6 holdup near Howard Street and Fillmore Avenue.
Palmer testified at his trial that Simmons pulled out a gun and told the victims to give him everything, then ordered Palmer and Cassanova to go through their pockets. A wallet and cellphone were taken. Palmer said Simmons gave him the cellphone as they fled the scene; Palmer said he then threw it back to the victims. Simmons was arrested 10 minutes later with the stolen wallet.
Simmons, 24, of Walden Avenue, pleaded guilty in December and was sentenced by Wolfgang last month to seven years in prison. Cassanova, 21, of Miller Street, pleaded guilty in November and will be sentenced Monday by Wolfgang.