Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Since it clearly appears that, under the facts of this case, defendant could not have committed robbery in the first degree without also having committed grand larceny in the third degree, the guilty verdict as to the former count required the dismissal of the latter count...
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