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People v. Cotton

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 750 (N.Y. App. Div. 1976)

Opinion

February 9, 1976


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 16, 1973, upon resentence, convicting him of robbery in the first degree and grand larceny in the third 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 said count is dismissed. As so modified, judgment affirmed. We have already held, on the facts of a similar case, that the defendant could not have committed robbery in the first degree without at the same time having committed grand larceny in the third degree. (People v Matos, 50 A.D.2d 872). We so hold here (see People v Grier, 37 N.Y.2d 847). Accordingly, the guilty verdict on the robbery count requires that the lesser included count be dismissed. We have considered defendant's remaining arguments and find them to be without merit. Martuscello, Acting P.J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

People v. Cotton

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 750 (N.Y. App. Div. 1976)
Case details for

People v. Cotton

Case Details

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

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

Date published: Feb 9, 1976

Citations

51 A.D.2d 750 (N.Y. App. Div. 1976)