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PEOPLE v. SMITH

130 A.D.2d 691 (1987)

The People of the State of New York, Respondent, v. Zorro Smith, Appellant

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

May 18, 1987

Ordered that the judgment is modified, on the law by reducing the conviction from robbery in the second degree to robbery in the third degree; as so modified, the judgment is affirmed. The facts have been considered and are determined to be established.

As we pointed out in our decision on the appeal by the codefendant (see, People v Jones, 118 A.D.2d 658), in this case, in which the question of whether the evidence...

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