Ordered that the judgment is modified, on the law, by vacating the defendant's conviction of robbery in the first degree under count one of the indictment and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a new trial on the charge of robbery in the first degree under count one of the indictment.
With respect to count one of the indictment, which charged robbery in...
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