People v. Smith

Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction on two counts *305of robbery in the second degree must be reversed (Penal Law § 160.10 [2] [a]) and the sentence imposed thereon is vacated because they are lesser included crimes of robbery in the first degree (Penal Law § 160.15 [1]) of which defendant was convicted (see, People v Jones, 59 AD2d 538).

The trial court properly denied defendant’s motion to sever the perjury charge from the robbery and assault charges even though they were different criminal…