People v. Hammer

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HAMMER, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 29, 1982

86 A.D.2d 780 (N.Y. App. Div. 1982)

Opinion

January 29, 1982

Appeal from the Supreme Court, Monroe County, Boomer, J.

Present — Hancock, Jr., J.P., Callahan, Doerr and Schnepp, JJ.

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant correctly asserts and the People agree that his conviction of grand larceny in the third degree must be reversed and that count of the indictment dismissed as a lesser inclusory count of defendant's conviction of robbery in the second degree (CPL 300.40, subd 3, par [b]).