Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for a new trial. The facts have been considered and are determined to have been established.
The evidence adduced at trial proved the defendant's guilt of robbery in the first degree beyond a reasonable doubt. In order to satisfy the "[d]isplays what appears to be a * * * firearm" element of Penal Law § 160...
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