Judgment modified, on the law, by vacating defendant's conviction of petit larceny and the sentence imposed thereon. As so modified, judgment affirmed.
As the District Attorney concedes, the verdict convicting defendant of both robbery in the second degree and petit larceny is improper. Under the facts of this case, petit larceny was an "inclusory concurrent count" (CPL 300.30 [4]) and, therefore, a verdict of guilty upon the greater count of robbery in the second...
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