People v. Cambridge

Appellate Division of the Supreme Court of New York

People v. Cambridge

54 A.D.2d 765, 387 N.Y.S.2d 880, 1976 N.Y. App. Div. LEXIS 14433

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

DecidedOctober 25, 1976

StatusPublished

This text of 54 A.D.2d 765 (People v. Cambridge) 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. Cambridge, 54 A.D.2d 765, 387 N.Y.S.2d 880, 1976 N.Y. App. Div. LEXIS 14433 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered September 12, 1975, convicting him of robbery in the first degree, grand larceny in the third 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 convictions of grand larceny in the third degree and criminal possession of a weapon in the fourth degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, defendant could not have committed the crime of robbery in the first degree without also having committed the crimes of grand larceny in the third degree and criminal possession of a weapon in the fourth degree. A verdict of guilty on the greatest count is deemed a dismissal of every lesser included count (see People v Grier, 37 NY2d 847). Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered September 12, 1975, convicting him of robbery in the first degree, grand larceny in the third 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 convictions of grand larceny in the third degree and criminal possession of a weapon in the fourth degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, defendant could not have committed the crime of robbery in the first degree without also having committed the crimes of grand larceny in the third degree and criminal possession of a weapon in the fourth degree. A verdict of guilty on the greatest count is deemed a dismissal of every lesser included count (see People v Grier, 37 NY2d 847). Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Bluebook (online)

54 A.D.2d 765, 387 N.Y.S.2d 880, 1976 N.Y. App. Div. LEXIS 14433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cambridge-nyappdiv-1976.

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