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People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1968
30 A.D.2d 647 (N.Y. App. Div. 1968)

Opinion

June 11, 1968


Judgment convicting the appellant of robbery in the first degree, and of criminally possessing a pistol, after prior conviction, unanimously modified, on the law, to reduce the conviction on the latter count to possession of a pistol, as a misdemeanor, and as modified the judgment is affirmed. The defendant was found guilty of robbery in the first degree and criminally possessing a pistol, after prior conviction. The prior conviction, however, has been vacated. Consequently, the conviction of criminally possessing a pistol should be designated as a misdemeanor, rather than a felony. However, since the defendant was given a suspended sentence on the charge of possession of a pistol, such sentence need not now be disturbed.

Concur — Eager, J.P., Steuer, Capozzoli, McGivern and Rabin, JJ.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1968
30 A.D.2d 647 (N.Y. App. Div. 1968)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENERAL HARRIS…

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

Date published: Jun 11, 1968

Citations

30 A.D.2d 647 (N.Y. App. Div. 1968)