People v. Cart

Appellate Division of the Supreme Court of New York

People v. Cart

43 A.D.2d 827, 351 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 5854

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

DecidedJanuary 28, 1974

StatusPublished

This text of 43 A.D.2d 827 (People v. Cart) 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. Cart, 43 A.D.2d 827, 351 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 5854 (N.Y. Ct. App. 1974).

Pincite

Opinion

— .Judgment, Supreme Court, Bronx County, rendered September 29, 1972, convicting defendant, after trial, of rape in the first degree, robbery in the first degree, grand larceny in the third degree, possession of a weapon as a felony, burglary in the second degree and criminal possession of stolen property in the second degree, and sentencing defendant to a term of 5 to 15 years on the rape conviction and various concurrent terms of lesser duration on the remaining crimes, unanimously modified, on the law, to dismiss the count for criminal possession of stolen property and, as so modified, the judgment is affirmed. Defendant was properly convicted of grand larceny. However, the conviction for criminal possession of receiving the stolen property 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 N Y 2d 496, 500; People v. Ortiz, 42 A D 2d 931; People v. Carrero, 42 A D 2d 575; Penal Law, § 165.60, subd. 2.) The count in the indictment charging criminal possession of stolen property is, therefore, dismissed. Concur — Nunez, J. P., Kupferman, Murphy and Tilzer, JJ.

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— .Judgment, Supreme Court, Bronx County, rendered September 29, 1972, convicting defendant, after trial, of rape in the first degree, robbery in the first degree, grand larceny in the third degree, possession of a weapon as a felony, burglary in the second degree and criminal possession of stolen property in the second degree, and sentencing defendant to a term of 5 to 15 years on the rape conviction and various concurrent terms of lesser duration on the remaining crimes, unanimously modified, on the law, to dismiss the count for criminal possession of stolen property and, as so modified, the judgment is affirmed. Defendant was properly convicted of grand larceny. However, the conviction for criminal possession of receiving the stolen property 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 N Y 2d 496, 500; People v. Ortiz, 42 A D 2d 931; People v. Carrero, 42 A D 2d 575; Penal Law, § 165.60, subd. 2.) The count in the indictment charging criminal possession of stolen property is, therefore, dismissed. Concur — Nunez, J. P., Kupferman, Murphy and Tilzer, JJ.

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Bluebook (online)

43 A.D.2d 827, 351 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 5854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cart-nyappdiv-1974.