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People v. Brewer

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1976
54 A.D.2d 839 (N.Y. App. Div. 1976)

Opinion

November 9, 1976


Judgments, Supreme Court, New York County, rendered November 20, 1973, convicting defendants, after a jury trial, of the crimes of robbery in the first degree, robbery in the second degree, two counts of grand larceny in the third degree, and possession of a weapon, unanimously modified, on the law, to the extent of reversing the convictions for two counts of grand larceny in the third degree and possession of a weapon, vacating the concurrent sentences imposed thereon, and dismissing those counts of the indictments, and, as so modified, the judgments are otherwise affirmed. On the facts of these cases, robbery in the first degree, grand larceny in the third degree, and possession of a weapon, were "inclusory concurrent counts" and, hence, a verdict of guilty on the robbery in the first degree count requires a dismissal of the lesser counts of grand larceny in the third degree and possession of a weapon, but not an acquittal thereon. (CPL 300.40, subd 3, par [b].) Accordingly, the conviction on the counts of grand larceny, third degree, and possession of a weapon, must be dismissed. (See People v Pyles, 44 A.D.2d 784.) We have examined the other points urged by appellants and find them without merit.

Concur — Stevens, P.J., Markewich, Kupferman, Murphy and Silverman, JJ.


Summaries of

People v. Brewer

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1976
54 A.D.2d 839 (N.Y. App. Div. 1976)
Case details for

People v. Brewer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLAN BREWER…

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

Date published: Nov 9, 1976

Citations

54 A.D.2d 839 (N.Y. App. Div. 1976)