Ordered that the judgment is modified, on the law, by reversing the conviction of petit larceny, vacating the sentence imposed thereon, and dismissing that count of the indictment; and as so modified, the judgment is affirmed.
As correctly conceded by the People, petit larceny is a lesser-included offense of robbery in the second degree and, under the circumstances, the former count should have been dismissed pursuant to CPL 300.40 (3) (b) (see, Matter of...
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