Opinion
November 15, 1985
Appeal from the Onondaga County Court, Hurlbutt, J.
Present — Dillon, P.J., Denman, Boomer, Green and O'Donnell, JJ.
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant's conviction on two counts of robbery in the second degree must be reversed (Penal Law § 160.10 [a]) and the sentence imposed thereon is vacated because they are lesser included crimes of robbery in the first degree (Penal Law § 160.15) of which defendant was convicted (see, People v Jones, 59 A.D.2d 538).
The trial court properly denied defendant's motion to sever the perjury charge from the robbery and assault charges even though they were different criminal transactions, since proof of the robbery and assault charges was material and admissible as evidence-in-chief under the perjury charge (CPL 200.20 [b]; see, People v Johnson, 64 A.D.2d 140, affd 48 N.Y.2d 925). We have examined defendant's remaining arguments and find them meritless.