Ordered that the judgment is reversed, on the law, count one of the indictment charging the defendant with robbery in the third degree is dismissed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the remaining counts of the indictment.
The defendant's conviction for robbery in the third degree arises out of a "pocketbook snatching" which occurred on the morning of November 2, 1990. The evidence adduced by the prosecution indicated...
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