Judgment reversed, on the law and as a matter of discretion in the interest of justice, new trial ordered, the fourth count of the indictment, charging assault in the third degree, is dismissed and the first count of the indictment, charging robbery in the second degree shall be deemed amended to charge robbery in the third degree.
The People have conceded on appeal that the jury's original verdict of not guilty of the fourth count of the indictment charging assault...
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