Ordered that the judgment is modified, on the law, by reversing the defendant's conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was tried as an accomplice of an individual identified to the court only as "Ike", who had grabbed a gold chain and name plate from the complainant's neck. The complainant, who was in the company of a friend...
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