From Casetext: Smarter Legal Research

People v. Brady

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1979
67 A.D.2d 734 (N.Y. App. Div. 1979)

Opinion

January 29, 1979


Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 28, 1977, convicting him of robbery in the first degree, robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Under the circumstances of this case, the count charging robbery in the second degree, committed by display of what appeared to be a firearm, was an inclusory concurrent count of robbery in the first degree, committed by use of a dangerous instrument, of which appellant was convicted. The former conviction must, therefore, be reversed and the said count dismissed (see People v. Grier, 37 N.Y.2d 847). We have examined appellant's numerous claims of error. They are either without merit or, as in the case of the testimonial reference to a narcotics investigation and, perhaps, the reiteration in summation of certain testimony of Officer Green, harmless in light of the overwhelming evidence of guilt (see People v Crimmins, 36 N.Y.2d 230). Mollen, P.J., Hopkins, Suozzi and Rabin, JJ., concur.


Summaries of

People v. Brady

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1979
67 A.D.2d 734 (N.Y. App. Div. 1979)
Case details for

People v. Brady

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD J. BRADY…

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

Date published: Jan 29, 1979

Citations

67 A.D.2d 734 (N.Y. App. Div. 1979)