Ordered that the judgment is modified, on the law, by reversing the conviction for robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Robbery in the third degree is a lesser-included offense of robbery in the first degree (see, Penal Law §§ 160.05, 160.15). Therefore, the conviction of robbery in the third degree is reversed and that count of the...
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