Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of robbery in the second degree to robbery in the third degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
The evidence adduced at the trial was legally insufficient to establish that the defendant caused "physical injury" to the complaining witness. Physical...
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