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PEOPLE v. BEST

72 A.D.2d 777 (1979)

The People of the State of New York, Respondent, v. William Best, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 1979

Judgment modified, on the law, by reversing the convictions of robbery in the third degree and grand larceny in the third degree, and the sentences imposed thereon, and the counts on which said convictions are based are dismissed. As so modified, judgment affirmed.

Under the facts of the instant case, defendant could not have committed the crime of robbery in the second degree pursuant to subdivision 1 of section 160.10 of...

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