Judgment modified, on the law, by reversing the convictions of assault in the second degree (under count six of the indictment) and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed.
As so modified, judgment affirmed. Under the facts of this particular case, defendant could not have committed the crime of robbery in the second degree pursuant to section 160.10 (subd 2, par [a]) of the Penal Law, without also having...
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