Order unanimously reversed on the law, motion denied in part, first count of indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.
Memorandum:
County Court erred in reducing the first count of the indictment charging defendant with robbery in the first degree (Penal Law § 160.15 [4]) to robbery in the third degree (Penal Law § 160.05). There was competent evidence presented to the Grand Jury that...
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