Judgment modified, on the law, by reversing the conviction of robbery in the second degree under the second count of the indictment, dismissing that count and vacating the sentence imposed thereon. As so modified, judgment affirmed.
The jury was instructed by the trial court to consider the first two counts of the indictment in the alternative. The jury failed to adhere to the court's instructions and rendered a verdict convicting the defendant of both counts. This...
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