Judgment modified, on the law, by reversing the conviction of assault in the first degree, vacating the sentence imposed thereon, and dismissing said count. As so modified, judgment affirmed.
In a nine-count indictment the defendant was charged with various crimes he was alleged to have committed while acting in concert with another person, who was not apprehended, in the "hold up" of a pharmacy. Both perpetrators were armed, and the pharmacist and the defendant were...
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