People v. Whitehurst

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered February 28, 2001, convicting him of robbeiy in the first degree and robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacat*739ing the conviction of robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

As the People correctly concede, the defendant’s conviction of robbery in the third degree was an inclusory concurrent…