Spain, J.
In March 1998, defendant was indicted on two counts of robbery in the second degree (Penal Law § 160.10 [2] [b]). The substance of these charges were allegations that defendant stole $26 from three individuals in an automobile and, in a separate incident, that he stole a "boom box" radio from another individual, in both incidents displaying a pellet gun. At trial, defendant admitted that he took cash and the radio but denied using a weapon. The jury...
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