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PEOPLE v. GARLAND

125 A.D.2d 328 (1986)

The People of the State of New York, Respondent, v. Kent Garland, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1986

Ordered that the judgment is modified, on the law, by reversing the conviction of robbery in the first degree under count five of the indictment and robbery in the second degree under count six of the indictment, vacating the sentences imposed thereon, and dismissing those counts of the indictment. As so modified, the judgment is affirmed.

The fifth and sixth counts should not have been submitted to the jury because there...

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