Unanimously modified, on the law and the facts, to reduce the conviction for grand larceny to petit larceny and to reduce the sentence thereon to one year, and otherwise affirmed.
Defendant and another held up complainant, a taxicab driver. In the course of the holdup defendant's accomplice was killed. Defendant and the complaining witness engaged in a hand to hand struggle in the course of which defendant took a revolver from the complainant. The course of the struggle...
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