People v. Lee

OPINION OF THE COURT

In this case, defendant was indicted and tried for two counts of robbery, under virtually identical theories. The first count charged defendant with robbery in the second degree, alleging that “[t]he defendant acting in concert with another person on or about April 10, 1981 * * * being aided by another person actually present, forcibly stole certain property, to wit: A gold necklace” from complainant. The second count charged defendant with robbery in the third degree, alleging that “[t]he defendant acting in concert with other persons on or about April 10, 1981 * * * *541forci…