The People of the State of New York, Respondent, v. Adalberto Saavedra, Also Known as Rafael Saavedra, Also Known as Raul Santiago Bussoo, Also Known as Jose Vasquez, Also Known as Albert Brusso, Appellant

The People of the State of New York, Respondent, v Adalberto Saavedra, Also Known as Rafael Saavedra, Also Known as Raul Santiago Bussoo, Also Known as Jose Vasquez, Also Known as Albert Brusso, Appellant. [MAJORITY] Appeal by defendant from a judgment of the County Court, Suffolk County, rendered September 22, 1975, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of criminal possession of a weapon in the second degree, and the sentence imposed thereon, and the said count (count one of Indictment No. 1094-B-74) is dismissed. As so modified, judgment affirmed. As conceded by the People, the weapons count is a lesser included offense of robbery in the first degree under the facts of this case. We have therefore modified the judgment accordingly (see People v Flowers, 56 AD2d 660). Defendant’s remaining claims on appeal are without merit. Hargett, J. P., Rabin, Titone and Hollen, JJ., concur.