Judgment unanimously modified on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant has been convicted of robbery, first degree, and assault, first degree, as the result of an incident in a Rochester bakery during which he struck a cashier, Marion Lucen, on the side of the head with a rock and scooped up some money which she was attempting to place in the bakery safe. While defendant argues otherwise, the evidence is more than sufficient...
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