The defendants were convicted of robbery in the first degree on the first count under Indictment No. 1099/79, stemming from a robbery of a tuxedo rental store on April 19, 1979 and on the second count for the robbery of a delicatessen on April 28, 1979. The defendants requested a charge of robbery in the second degree on the theory of the gun being unloaded. The request was denied on the basis that section 160.15 of the Penal Law provides that it is an affirmative defense...
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