Judgment modified, on the law, by reversing the conviction of assault in the second degree as charged in the fifth count of the indictment and the sentence imposed thereon, and dismissing that count. As so modified, judgment affirmed.
The defendant was charged and convicted, inter alia, of robbery in the second degree under Penal Law § 160.10 (2) (a), and assault in the second degree under Penal Law § 120.05 (6). Pursuant to CPL 1.20 (37), since it...
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