Judgment modified, on the law, by reversing the convictions of robbery in the first degree (first count) and grand larceny in the third degree (third count), and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. The facts are determined to have been established.
Defendant was improperly convicted of robbery in the first degree under subdivision 4 of section 160.15 of the Penal Law on proof by the People that the gun...
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