Ordered that the judgment is modified, on the facts, by vacating the conviction for robbery in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant and an accomplice were observed stealing merchandise from a J.C. Penney store. After leaving the store, they were met outside by a third accomplice, who was driving a Volkswagen automobile. The three accomplices were...
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