Judgment modified, on the law, by changing the sentence for the assault conviction so that it runs concurrently with the other sentences imposed under Indictment No. 651/76. As so modified, judgment affirmed.
The conviction arose out of an armed robbery at a subway token booth during which defendant shot the token clerk with a firearm. Since the possession of a weapon was an element of the assault, the sentences therefor must be concurrent (see Penal Law, § 70...
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