Ordered that the judgment is modified, on the law, by vacating the conviction of robbery in the first degree, in violation of Penal Law § 160.15 (3), as charged in count one of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's conviction of robbery in the first degree (see Penal Law § 160.15 [3]) must be vacated, as the People failed to present...
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