Modified, on the law, by reversing the conviction on robbery in the third degree and by reducing the conviction on that count to grand larceny in the third degree and by remanding the case for resentencing on that count, and, as modified, otherwise affirmed.
As the People candidly concede, the defendant's conviction on the count of robbery in the third degree (Penal Law, § 160.05) cannot be sustained by the evidence. The evidence at trial shows that defendant...
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