Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum:
On appeal from a judgment of conviction for third degree robbery (Penal Law § 160.05) and petit larceny (Penal Law § 155.25), defendant argues that the court erred in not dismissing the petit larceny as a lesser included offense to the robbery and in denying his motion to suppress an identification by complainant based upon an allegedly suggestive...
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