Judgment affirmed.
Defendant's acquittal of robbery in the second degree, on the theory of being aided by another person actually present (see Penal Law, § 160.10, subd 1), is, in our opinion, not repugnant to the verdict of guilt returned by the jury on the charge of robbery in the first degree, on the theory that he used or threatened the immediate use of a dangerous instrument (see Penal Law, § 160.15, subd 3). At trial, the complainant testified that...
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