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People v. Furman, Lawson

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1978
63 A.D.2d 685 (N.Y. App. Div. 1978)

Opinion

May 8, 1978


Appeals by defendants from two judgments of the County Court, Dutchess County, one as to defendant Lawson, rendered June 8, 1977, and one as to defendant Furman, rendered February 3, 1977, convicting each of them of assault in the second degree (two counts), criminal mischief in the fourth degree and conspiracy in the second degree, upon a jury verdict, and imposing sentence. Judgments modified, on the law, by reversing the convictions of assault in the second degree, under count four of the indictment, and conspiracy in the second degree, count seven, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgments affirmed, and case remitted to the County Court, Dutchess County, for further proceedings pursuant to CPL 460.50 (subd 5). In view of defendant's acquittal of the counts charging him with burglary in the first degree and petit larceny, the convictions of assault in the second degree, under count four, and conspiracy in the second degree, based as they are upon the underlying burglary and petit larceny charges, must be reversed. The verdict as to those counts was repugnant to acquittal of the burglary and petit larceny charges. Mollen, P.J., Hopkins, Titone, Shapiro and Hawkins, JJ., concur.


Summaries of

People v. Furman, Lawson

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1978
63 A.D.2d 685 (N.Y. App. Div. 1978)
Case details for

People v. Furman, Lawson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGH MAX FURMAN and…

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

Date published: May 8, 1978

Citations

63 A.D.2d 685 (N.Y. App. Div. 1978)