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People v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 13, 1976
51 A.D.2d 858 (N.Y. App. Div. 1976)

Opinion

February 13, 1976

Appeal from the Monroe County Court.

Present — Marsh, P.J., Simons, Dillon, Goldman and Witmer, JJ.


Judgment unanimously modified, on the law, in accordance with memorandum, and as modified, affirmed. Memorandum: Judgment was entered on January 9, 1974 upon a jury verdict convicting the defendant of robbery in the third degree and grand larceny in the third degree. The grand larceny count is an "inclusory concurrent count" (CPL 300.30, subd 4) of the robbery conviction. Thus, a conviction upon the robbery count is deemed a dismissal of the lesser inclusory count of grand larceny (CPL 300.40, subd 3, par [b]; People v Salik, 47 A.D.2d 723). Defendant's conviction on grand larceny in the third degree is reversed and that count dismissed and otherwise the judgment is affirmed.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 13, 1976
51 A.D.2d 858 (N.Y. App. Div. 1976)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY ANDERSON…

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

Date published: Feb 13, 1976

Citations

51 A.D.2d 858 (N.Y. App. Div. 1976)

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