Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for sentencing in accordance with the following Memorandum: On appeal from a judgment convicting him of, inter alia, robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that County Court erred in denying his motion to dismiss the indictment based on errors in the presentation of the case to the Grand Jury. Although several of defendant...
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