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PEOPLE v. DAVIS

56 A.D.2d 892 (1977)

The People of the State of New York, Respondent, v. John Davis, Appellant

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

March 21, 1977

Judgment modified, on the law, by (1) vacating the sentence imposed upon the second count (the third count of the indictment) of robbery in the first degree charged in the superseding indictment (Indictment No. 4432-72) and (2) reversing the conviction of possession of a weapon, etc., as a felony, and the sentence imposed thereon, and the count upon which such conviction is based (attempted murder) is dismissed. As so modified, judgment affirmed.

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