Judgment modified, on the law, by reversing the convictions for grand larceny in the third degree and assault in the first degree (under the fourth and fifth counts of the indictment), and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. The findings of fact are affirmed.
Under the facts of this case, defendant could not have committed robbery in the first degree (under the second count of the indictment) without...
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