Ordered that the judgment is modified, on the law and the facts, by reducing the defendant's conviction to attempted robbery in the third degree, vacating the sentence imposed, and remitting the matter to the Supreme Court, Kings County, for resentencing.
The People failed to demonstrate that the defendant was aided in the attempted robbery by another person actually present, as required by Penal Law § 160.10 (1). While there was evidence that one Francisco Cabassco...
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