Rose, J.
In September 1995, a Grand Jury indicted defendant on one count of robbery in the first degree and one count of robbery in the second degree based on his participation with Johnny Hayden in the robbery of a McDonald's restaurant located in the City of Albany (hereinafter the first indictment). In January 1996, prior to trial on these charges, a Grand Jury charged defendant with two counts of robbery in the first degree as a result of two other incidents ...
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