Judgment modified, on the law, by reversing the conviction of robbery in the first degree, and the sentence imposed thereon, and the said count is dismissed.
As so modified, judgment affirmed. The only charges against defendant were felony murder and robbery in the first degree. Since no attempt was made to show specific intent to murder and defendant did not fire the fatal shot, the robbery count is a lesser inclusory offense of the felony murder count and must be...
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