Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant allegedly committed two robberies in a single afternoon on October 29, 2002. At trial, the complainant Therese McCabe testified that the defendant had entered the office of an automotive repair shop in Queens where she worked...
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