It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing that part convicting defendant of robbery in the second degree and dismissing the third count of the indictment and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for proceedings pursuant to CPL 470.45.
Memorandum:
Defendant appeals from a judgment convicting...
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