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PEOPLE v. SETH BEN YSAAC BEN YSRAEL

54 A.D.2d 676 (1976)

The People of the State of New York, Respondent, v. Seth Ben Ysaac Ben Ysrael, Also Known as Robert Hayes, Appellant

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

October 28, 1976

As so modified, the judgment is affirmed. Order entered December 17, 1975, denying defendant's motion pursuant to CPL 440.10 to vacate his conviction is unanimously affirmed.

Since defendant was convicted of robbery in the first degree, the convictions for grand larceny in the third degree and unauthorized use of a motor vehicle, under the facts of this case, must be reversed and said counts of the indictment dismissed as...

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