Opinion
October 28, 1976
Judgment, Supreme Court, New York County, rendered March 7, 1974, convicting the defendant, upon a jury verdict, of robbery in the first and second degrees and possession of a weapon as a felony, unanimously modified on the law to reverse the conviction for possession of a weapon as a felony, and the sentence imposed thereon vacated and that count of the indictment dismissed, and otherwise unanimously affirmed. Respondent concedes that the conviction on the first degree robbery count mandates a dismissal of the lesser weapons count. (People v Grier, 37 N.Y.2d 847; People v Pyles, 44 A.D.2d 784.)
Concur — Stevens, P.J., Markewich, Kupferman, Capozzoli and Lane, JJ.