Judgment modified, on the law and the facts, by reducing the conviction of robbery in the first degree to a conviction of robbery in the third degree, and by vacating the sentence imposed thereon. As so modified, judgment affirmed and case remitted to Criminal Term for resentence on the conviction of robbery in the third degree.
Defendant was charged with robbery in the first degree, to wit, forcibly stealing property while using or threatening "the immediate use...
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