Opinion
October 29, 1970
Appeal from the Erie Supreme Court.
Present — Goldman, P.J., Marsh, Witmer, Moule and Henry, JJ.
Judgment unanimously modified in accordance with the memorandum, and as modified affirmed. Memorandum: Defendant was found guilty of two counts of robbery in the first degree, two counts of robbery in the second degree, grand larceny, third degree, and petit larceny. The judgment should be modified by striking therefrom the convictions of grand larceny and petit larceny, the court having failed to charge the jury that if it found defendant guilty on the robbery counts involving taking money or property from the victims, the larceny counts would be encompassed in them. The People, both in their brief and upon oral argument, conceded that the court should have so charged and that the convictions of grand larceny and petit larceny should be set aside.