People v. Caple

Appellate Division of the Supreme Court of New York

People v. Caple

65 A.D.2d 605, 409 N.Y.S.2d 429, 1978 N.Y. App. Div. LEXIS 13286

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

DecidedOctober 23, 1978

StatusPublished

This text of 65 A.D.2d 605 (People v. Caple) 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. Caple, 65 A.D.2d 605, 409 N.Y.S.2d 429, 1978 N.Y. App. Div. LEXIS 13286 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 10, 1977, convicting him of robbery in the first and second degrees, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery in the second degree, and the sentence imposed thereon. As so modified, judgment affirmed. Defendant was not specifically charged in the indictment with robbery in the second degree, and, under the facts of this case, it is not an inclusory concurrent count of the charged crime of robbery in the first degree of which defendant was convicted. Accordingly, the conviction for robbery in the second degree may not stand. Martuscello, J. P., Latham, Damiani and Titone, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 10, 1977, convicting him of robbery in the first and second degrees, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery in the second degree, and the sentence imposed thereon. As so modified, judgment affirmed. Defendant was not specifically charged in the indictment with robbery in the second degree, and, under the facts of this case, it is not an inclusory concurrent count of the charged crime of robbery in the first degree of which defendant was convicted. Accordingly, the conviction for robbery in the second degree may not stand. Martuscello, J. P., Latham, Damiani and Titone, JJ., concur.

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Bluebook (online)

65 A.D.2d 605, 409 N.Y.S.2d 429, 1978 N.Y. App. Div. LEXIS 13286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caple-nyappdiv-1978.