Appellant was convicted of robbery, first degree; grand larceny, first degree and assault, second degree in Kings County. He is presently committed to Great Meadows prison. The indictment for robbery in the first degree pleads the theory of accomplice actually present to constitute the degree of the crime (Penal Law, § 2124, subd. 2) by alleging that this appellant and a codefendant, one De Simone, were actually present "each aiding the other" in the commission of the...
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