Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion pursuant to CPL 440.10 which was to vacate that portion of the judgment rendered January 6, 2003 convicting the defendant of robbery in the first degree under counts one through six of the indictment, and assault in the first degree under count eight of the indictment, and substituting therefor a provision granting that branch of the defendant's...
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