People v. Bass

Appellate Division of the Supreme Court of New York

People v. Bass

47 A.D.2d 615, 365 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8763

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

DecidedFebruary 20, 1975

StatusPublished

This text of 47 A.D.2d 615 (People v. Bass) 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

People v. Bass, 47 A.D.2d 615, 365 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8763 (N.Y. Ct. App. 1975).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered November 17, 1972, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree, robbery in the third degree and assault in the second degree, and sentencing him to concurrent indeterminate terms of imprisonment not exceeding 10 years unanimously modified, on the law, to the extent of reversing the conviction of robbery in the third degree and dismissing said count of the indictment. Except as so modified, the judgment is otherwise affirmed. Appellant correctly contends, and the People now concede, that the robbery in the third degree count was a lesser inclusory concurrent count of robbery in the first and second degrees. Accordingly, the conviction upon the greater submitted counts required a dismissal of the lesser offense. (GPL 300.40; People v. Pyles, 44 A D 2d 784.) Concur — Stevens, J. P., Markewich, Murphy, Capozzoli and Nunez, JJ.

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Judgment, Supreme Court, New York County, rendered November 17, 1972, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree, robbery in the third degree and assault in the second degree, and sentencing him to concurrent indeterminate terms of imprisonment not exceeding 10 years unanimously modified, on the law, to the extent of reversing the conviction of robbery in the third degree and dismissing said count of the indictment. Except as so modified, the judgment is otherwise affirmed. Appellant correctly contends, and the People now concede, that the robbery in the third degree count was a lesser inclusory concurrent count of robbery in the first and second degrees. Accordingly, the conviction upon the greater submitted counts required a dismissal of the lesser offense. (GPL 300.40; People v. Pyles, 44 A D 2d 784.) Concur — Stevens, J. P., Markewich, Murphy, Capozzoli and Nunez, JJ.

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Bluebook (online)

47 A.D.2d 615, 365 N.Y.S.2d 1, 1975 N.Y. App. Div. LEXIS 8763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bass-nyappdiv-1975.