Judgment modified, on the law, by reversing the convictions of grand larceny in the third degree and the sentences thereon, and said counts are dismissed. As so modified, judgment affirmed.
Under the facts of this case, defendant could not have committed robbery in the first degree without at the same time having committed grand larceny in the third degree. Therefore, the verdict of guilty as to the robbery count requires that the lesser included counts be dismissed...
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