Ordered that the judgment, as amended, is reversed, as a matter of discretion in the interest of justice, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The defendant initially was tried by a jury for the crimes of robbery in the first degree and robbery in the second degree. At the close of the evidence and summations, the trial court submitted...
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