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Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the same memorandum as in People v Polk (84 AD2d 943). (Appeal from judgment of Onondaga County Court, Cunningham, J. — robbery, first degree, and other charges.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Moule, JJ.