It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of robbery in the third degree, vacating the sentence imposed thereon and dismissing count four of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him of burglary in the second degree (Penal Law § 140.25 [2]), robbery in the second...
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