Opinion
May 27, 1977
Appeal from the Onondaga County Court.
Present — Moule, J.P., Simons, Dillon, Goldman and Witmer, JJ.
Judgment unanimously modified on the law in accordance with memorandum, and as modified, affirmed. Memorandum: Defendant's conviction of grand larceny in the third degree constitutes a lesser included offense to his conviction of robbery in the second degree on the facts of this case (see People v Acevedo, 40 N.Y.2d 701). Accordingly, the grand larceny in the third degree conviction is reversed and the count dismissed (see People v Grier, 37 N.Y.2d 847).