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PEOPLE v. SISTRUNK

46 A.D.2d 914 (1974)

The People of the State of New York, Respondent, v. Robert Sistrunk, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 23, 1974

Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree and the sentence thereon, and the count for said crime is dismissed. As so modified, judgment affirmed.

Defendant raised no issue as to whether the facts were established and such issue has not been considered. Under the facts of this case, defendant could not have committed robbery in the first degree without having also committed...

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