Ordered that the order is reversed, on the law, the motions are denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Queens County, for sentencing.
Under the circumstances of this case, the defendant's acquittal of robbery in the third degree did not render repugnant his convictions of robbery in the first degree and robbery in the second degree. In its charge to the jury on robbery in the third degree, the court added the element, not...
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