Judgment reversed, on the law and the facts, and indictment dismissed.
Defendant was charged in a 10-count indictment with two counts of each of the following crimes: robbery in the first degree; robbery in the second degree; grand larceny in the third degree; assault in the second degree; and burglary in the first degree. Prior to the charge to the jury, the trial court, inter alia, dismissed count eight of the indictment, which charged defendant with assault...
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