Ordered that the judgment is modified, on the law and the facts, by reversing the conviction of robbery in the second degree, dismissing that count of the indictment, and vacating the sentence imposed. As so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for resentencing on the defendant's conviction of assault in the second degree and for further proceedings pursuant to CPL 460.50 (5).
These convictions arise out...
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