Judgment modified, as to the conviction, on the law, by reducing it to one of robbery in the second degree; as so modified, judgment affirmed as to the conviction; judgment reversed as to the sentence and case remanded to Criminal Term for resentence.
Under the circumstances of this case, the defendant's plea of guilty to robbery in the first degree should not have been accepted. Neither the defendant nor the other participant in the crime was armed with a deadly...
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