Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree. We agree with defendant that the evidence was legally insufficient to support a finding that the victim suffered either substantial pain or an impairment of physical condition (Penal Law § 10.00 [9]) in the absence of...
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