People v. Carrero

Appellate Division of the Supreme Court of New York

People v. Carrero

42 A.D.2d 575, 344 N.Y.S.2d 198, 1973 N.Y. App. Div. LEXIS 4262

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

DecidedJune 4, 1973

StatusPublished

Cited by1 cases

This text of 42 A.D.2d 575 (People v. Carrero) 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. Carrero, 42 A.D.2d 575, 344 N.Y.S.2d 198, 1973 N.Y. App. Div. LEXIS 4262 (N.Y. Ct. App. 1973).

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Opinion

Appeal by defendant from (1) a judgment of the Supreme Court, Kings County, rendered January 20, 1971, convicting him of grand larceny in the third degree, criminal possession of stolen property in the second degree, and unauthorized use of a vehicle, upon a jury verdict, and sentencing him to indeterminate prison terms not to exceed four years on the grand larceny and criminal possession convictions, to run concurrently, and to an unconditional discharge on the unauthorized use conviction, and (2) an order of the same court, entered March 21,1971, which denied his coram nobis application to vacate said judgment, without a hearing. Order affirmed. Ho opinion. Judgment modified, on the law, by reversing the conviction and sentence for grand larceny in the third degree and dismissing the count therefor. As so modified, judgment affirmed. Appellant was properly convicted of criminal possession of stolen property in the second degree and unauthorized use of a vehicle. The sentences thereon were not excessive. However, the conviction and sentence for grand larceny in the third degree may not stand, because a defendant may not be found guilty of both receiving stolen property and larceny of the same property (People v. Moro, 23 H Y 2d 496, 500). Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Appeal by defendant from (1) a judgment of the Supreme Court, Kings County, rendered January 20, 1971, convicting him of grand larceny in the third degree, criminal possession of stolen property in the second degree, and unauthorized use of a vehicle, upon a jury verdict, and sentencing him to indeterminate prison terms not to exceed four years on the grand larceny and criminal possession convictions, to run concurrently, and to an unconditional discharge on the unauthorized use conviction, and (2) an order of the same court, entered March 21,1971, which denied his coram nobis application to vacate said judgment, without a hearing. Order affirmed. Ho opinion. Judgment modified, on the law, by reversing the conviction and sentence for grand larceny in the third degree and dismissing the count therefor. As so modified, judgment affirmed. Appellant was properly convicted of criminal possession of stolen property in the second degree and unauthorized use of a vehicle. The sentences thereon were not excessive. However, the conviction and sentence for grand larceny in the third degree may not stand, because a defendant may not be found guilty of both receiving stolen property and larceny of the same property (People v. Moro, 23 H Y 2d 496, 500). Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 575, 344 N.Y.S.2d 198, 1973 N.Y. App. Div. LEXIS 4262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrero-nyappdiv-1973.

Opinion

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