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People v. Wiley

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1984
101 A.D.2d 818 (N.Y. App. Div. 1984)

Opinion

May 7, 1984


Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered October 22, 1981, convicting him of robbery in the first degree (two counts), robbery in the second degree, assault in the second degree (two counts), grand larceny in the third degree, criminal use of a firearm in the first degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. ¶ Judgment modified, on the law, by reversing the conviction of assault in the second degree as charged in the fifth count of the indictment and vacating the sentence imposed thereon, and that count of the indictment dismissed. As so modified, judgment affirmed. ¶ The fifth count of the indictment charging defendant with assault in the second degree pursuant to subdivision 6 of section 120.05 Penal of the Penal Law was an inclusory concurrent count of robbery in the second degree, as charged in the third count of the indictment pursuant to section 160.10 (subd 2, par [a]) of the Penal Law. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40, subd 3, par [b]). We have reviewed defendant's remaining contentions and find they do not warrant reversal. Mangano, J.P., Thompson, O'Connor and Boyers, JJ., concur.


Summaries of

People v. Wiley

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1984
101 A.D.2d 818 (N.Y. App. Div. 1984)
Case details for

People v. Wiley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE WILEY, Appellant

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

Date published: May 7, 1984

Citations

101 A.D.2d 818 (N.Y. App. Div. 1984)

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