666 Fifth Corp. v. Tax Commission

Appellate Division of the Supreme Court of New York

666 Fifth Corp. v. Tax Commission

5 A.D.2d 988, 173 N.Y.S.2d 998, 1958 N.Y. App. Div. LEXIS 6122

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 1958

StatusPublished

This text of 5 A.D.2d 988 (666 Fifth Corp. v. Tax Commission) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

666 Fifth Corp. v. Tax Commission, 5 A.D.2d 988, 173 N.Y.S.2d 998, 1958 N.Y. App. Div. LEXIS 6122 (N.Y. Ct. App. 1958).

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Opinion

Judgment, insofar as it convicts defendant of robbery in the first degree, unanimously reversed on the law, the first count in the indictment dismissed, and the judgment is otherwise affirmed. It was error, over the exception of defendant, to charge the jury that it might convict for robbery if it found that an automobile was used in the commission of the crime, since that element was not included in the indictment. Since the sentence was suspended with reference to the robbery count, the conviction and sentence need not otherwise be disturbed. (Code Crim. Pro. § 543; cf. People v. Torres, 5 A D 2d 134; People ex rel. Maurer v. Jackson, 2 N Y 2d 259; People v. Daghita, 301 N. Y. 223, 228.)

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Judgment, insofar as it convicts defendant of robbery in the first degree, unanimously reversed on the law, the first count in the indictment dismissed, and the judgment is otherwise affirmed. It was error, over the exception of defendant, to charge the jury that it might convict for robbery if it found that an automobile was used in the commission of the crime, since that element was not included in the indictment. Since the sentence was suspended with reference to the robbery count, the conviction and sentence need not otherwise be disturbed. (Code Crim. Pro. § 543; cf. People v. Torres, 5 A D 2d 134; People ex rel. Maurer v. Jackson, 2 N Y 2d 259; People v. Daghita, 301 N. Y. 223, 228.)

Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Bluebook (online)

5 A.D.2d 988, 173 N.Y.S.2d 998, 1958 N.Y. App. Div. LEXIS 6122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/666-fifth-corp-v-tax-commission-nyappdiv-1958.

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