People v. Berzups

Appellate Division of the Supreme Court of New York

People v. Berzups

63 A.D.2d 718, 405 N.Y.S.2d 127, 1978 N.Y. App. Div. LEXIS 11643

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

DecidedMay 22, 1978

StatusPublished

Cited by4 cases

This text of 63 A.D.2d 718 (People v. Berzups) 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. Berzups, 63 A.D.2d 718, 405 N.Y.S.2d 127, 1978 N.Y. App. Div. LEXIS 11643 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered November 16, 1973, convicting him of two counts of murder (felony murder and intentional murder), robbery in the first degree, petit larceny and possession of weapons, etc., as a misdemeanor, upon a jury verdict, and imposing sentence. Judgment modified, on the law, [719]*719by reversing the conviction of robbery in the first degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. It is our opinion that the count of robbery in the first degree, the underlying felony of the felony murder charge, is an inclusory concurrent count thereof. Therefore, the conviction for felony murder mandates the reversal and dismissal of the robbery count (see CPL 300.40, subd 3, par [b]; People v Johnson, 39 NY2d 364, 370; People v Pyles, 44 AD2d 784). Latham, J. P., Damiani, Hawkins and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered November 16, 1973, convicting him of two counts of murder (felony murder and intentional murder), robbery in the first degree, petit larceny and possession of weapons, etc., as a misdemeanor, upon a jury verdict, and imposing sentence. Judgment modified, on the law, [719]*719by reversing the conviction of robbery in the first degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. It is our opinion that the count of robbery in the first degree, the underlying felony of the felony murder charge, is an inclusory concurrent count thereof. Therefore, the conviction for felony murder mandates the reversal and dismissal of the robbery count (see CPL 300.40, subd 3, par [b]; People v Johnson, 39 NY2d 364, 370; People v Pyles, 44 AD2d 784). Latham, J. P., Damiani, Hawkins and O’Connor, JJ., concur.

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Bluebook (online)

63 A.D.2d 718, 405 N.Y.S.2d 127, 1978 N.Y. App. Div. LEXIS 11643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berzups-nyappdiv-1978.

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