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People v. Swindell

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1975
50 A.D.2d 940 (N.Y. App. Div. 1975)

Opinion

December 31, 1975


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 21, 1972, convicting him of robbery in the first degree, grand larceny in the third degree, assault in the second degree and attempted assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree and the sentence thereon and the count is dismissed. As so modified, judgment affirmed. Under the facts of this case, defendant could not have committed robbery in the first degree without having also committed grand larceny in the third degree. Therefore, the guilty verdict on the count for robbery in the first degree required dismissal of the grand larceny count (CPL 300.40, subd 3, par [b]; People v Grier, 37 N.Y.2d 847; People v Sistrunk, 46 A.D.2d 914; People v Pyles, 44 A.D.2d 784). We have reviewed the other arguments raised by defendant and find them to be without merit. Latham, Acting P.J., Cohalan, Brennan, Munder and Shapiro, JJ., concur.


Summaries of

People v. Swindell

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1975
50 A.D.2d 940 (N.Y. App. Div. 1975)
Case details for

People v. Swindell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SWINDELL…

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

Date published: Dec 31, 1975

Citations

50 A.D.2d 940 (N.Y. App. Div. 1975)