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PEOPLE v. LEE

287 A.D.2d 299 (2001)

731 N.Y.S.2d 362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT LEE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 11, 2001.

Upon remand from this Court (271 A.D.2d 258), the trial court reinstated the verdict convicting defendant of robbery in the second degree and imposed sentence on that conviction. Defendant has not established that the interest of justice would be served by dismissal of the second-degree robbery count as a non-inclusory concurrent count of first-degree robbery (see, CPL 470.15...

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