Judgment unanimously modified in accordance with memorandum and, as modified, affirmed.
Memorandum:
Defendant was convicted of robbery in the first degree (Penal Law, § 160.15, subd 4) and robbery in the second degree (Penal Law, § 160.10, subd 1), arising out of the robbery of a gas station attendant by a gang of youths. Defendant himself did not display a weapon. His conviction for robbery in the first degree was necessarily based upon proof that...
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