People v. Briggs

Judgment unanimously modified in accordance with memorandum and as modified affirmed. Memorandum: Defendant was found guilty of two counts of robbery in the first degree (Penal Law, § 160.15, subd 3), three counts of robbery in the second degree (Penal Law, § 160.10, subd 2, par [b]) and three counts of felonious possession of a weapon (Penal Law, § 265.05, subd 9 [repealed L 1974, ch 1041, § 2]) under an indictment arising from three separate armed robberies of the same tavern. The first degree robbery counts, alleging the use or the threatened use of a dangerous instrument, should not have…