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People v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 777 (N.Y. App. Div. 1978)

Opinion

November 13, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 23, 1974 (the date on the clerk's extract is August 12, 1974), convicting him of two counts of robbery in the second degree (Penal Law, § 160.10, subds 1, 2, par [a] [counts two and three of the indictment, respectively]), two counts of assault in the second degree (Penal Law, § 120.05, subds 2, 6 [counts five and six of the indictment, respectively]), and one count of grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of assault in the second degree (under count six of the indictment) and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this particular case, defendant could not have committed the crime of robbery in the second degree pursuant to section 160.10 (subd 2, par [a]) of the Penal Law, without also having committed, by the same conduct, (1) assault in the second degree, pursuant to subdivision 6 of section 120.05 Penal of the Penal Law, and (2) grand larceny in the third degree. We have considered defendant's remaining contentions and find them to be lacking in merit (see People v Crimmins, 36 N.Y.2d 230). Suozzi, J.P., Gulotta, Shapiro and Margett, JJ., concur.


Summaries of

People v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1978
65 A.D.2d 777 (N.Y. App. Div. 1978)
Case details for

People v. Reese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN REESE, Appellant

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

Date published: Nov 13, 1978

Citations

65 A.D.2d 777 (N.Y. App. Div. 1978)

Citing Cases

People v. Reese

On November 13, 1978, the Appellate Division, Second Department, modified the above conviction by reversing…