Opinion
July 13, 1978
Appeal from the Monroe County Court.
Present — Marsh, P.J., Simons, Dillon, Denman and Witmer, JJ.
Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Denman, J., not participating. Memorandum: The People properly concede that if the conviction for robbery, first degree, is affirmed, the convictions for robbery, second degree, on the second count of the indictment (Penal Law, § 160.10, subd 1) and petit larceny on the sixth count of the indictment should be dismissed as inclusory crimes. We affirm defendant's conviction of robbery, first degree; and hence the convictions for robbery, second degree, under subdivision 1 of section 160.10 Penal of the Penal Law and for petit larceny are reversed, the sentences thereon vacated and the second and sixth counts of the indictment dismissed (see People v Grier, 37 N.Y.2d 847; People v Henryhand, 55 A.D.2d 1046). We find no merit in the other points raised by defendant on this appeal.