Judgment reversed, on the law and the facts; count of robbery in the second degree dismissed; and new trial ordered upon the count of assault in the third degree.
In April, 1969, defendant was indicted for robbery in the second degree, assault in the second degree and possession of weapons and dangerous instruments and appliances as a felony. In substance, he was accused of having, with the aid of accomplices, robbed an off-duty New York City probationary police officer...
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