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People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1979
67 A.D.2d 685 (N.Y. App. Div. 1979)

Opinion

January 15, 1979


Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 27, 1977, convicting him of robbery in the first degree, sodomy in the first degree, sexual abuse in the first degree, petit larceny, resisting arrest and obstructing governmental administration, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of petit larceny, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Under the facts of this case, defendant could not have been guilty of robbery in the first degree without having also been guilty of petit larceny. Therefore, the guilty verdict on the robbery count requires dismissal of the lesser inclusory offense of petit larceny (see People v. Grier, 37 N.Y.2d 847). We have considered defendant's other contentions and find them to be without merit. Mollen, P.J., O'Connor, Rabin and Gulotta, JJ., concur.


Summaries of

People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1979
67 A.D.2d 685 (N.Y. App. Div. 1979)
Case details for

People v. Flores

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANIBAL FLORES…

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

Date published: Jan 15, 1979

Citations

67 A.D.2d 685 (N.Y. App. Div. 1979)