The defendant was indicted under, inter alia, Penal Law § 160.15 (2). The first count of the indictment read in pertinent part "[d]efendant acting in concert with another * * * did forcibly steal * * * and in the course of the commission of the crime or in immediate flight therefrom, the defendant was armed with a deadly weapon." During the jury charge, the trial court instructed the jury that it could find the defendant guilty of the first count if he or another...
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