Judgment modified, on the law, by deleting therefrom the conviction and sentence for grand larceny in the third degree and the count for said crime is dismissed. As so modified, judgment affirmed.
Under the facts of this case, defendant could not have committed robbery in the first degree without having also committed grand larceny in the third degree. Therefore, the guilty verdict on the count for robbery in the first degree required dismissal of the lesser included...
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