Ordered that the judgment is modified, on the law, by reducing the defendant's conviction to robbery in the third degree, vacating the sentence imposed, and remitting the matter to the Supreme Court, Kings County, for resentencing.
The evidence adduced by the prosecution indicated that the complainant was hit on the head and "passed out", but regained consciousness "a minute" later and did not display any impairment of physical function. The complainant testified...
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