Ordered that the judgment and order are affirmed.
Contrary to the defendant's position, the trial court did not deprive the defendant of a fair trial by reason of its refusal to dismiss the third count of the indictment charging him with robbery in the first degree based on the prosecution's failure to adduce proof to establish a completed robbery. The trial court, over the defense counsel's objection, instructed the jury as to the elements of the crime of robbery...
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