Opinion
February 28, 1977
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 6, 1974, convicting him of robbery in the first and second degrees, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The People correctly concede that on this record the appellant could not have committed the crime of robbery in the first degree without, at the same time, having committed the crime of robbery in the second degree (see People v Williams, 50 A.D.2d 911; People v Grier, 37 N.Y.2d 847; People v Pyles, 44 A.D.2d 784). We note that the judgment of conviction of the codefendant in this case was affirmed upon this very record (People v Poveromo, 49 A.D.2d 928, mot for lv to app den by Cooke, J., Dec. 3, 1975). Rabin, Acting P.J., Shapiro, Titone and O'Connor, JJ., concur.