Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Under the circumstances of this case, defendant could not have committed the crime of grand larceny in the third degree without also having committed the crime of robbery in the second degree. The lesser included count must therefore be dismissed (see People v Grier...
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