People v. Swindell

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 21, 1972, convicting him of robbery in the first degree, grand larceny in the third degree, assault in the second degree and attempted assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree and the sentence thereon and the count is dismissed. As so modified, judgment affirmed. Under the facts of this case, defendant could not have committed robbery in the first degree without having also…