Judgment reversed, on the law, and new trial ordered.
The facts upon which the conviction of robbery in the first degree (Counts Nos. 1 and 6) are based, have been considered and determined to have been established. In our opinion defendant did not receive a fair trial. At 8:30 P.M. on February 19, 1977, three men entered a grocery store on Fulton Street in Brooklyn and robbed both the proprietor and another man while displaying a gun and a knife. Defendant and one...
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