People v. Cobbs

Appellate Division of the Supreme Court of New York

People v. Cobbs

55 A.D.2d 654, 390 N.Y.S.2d 9, 1976 N.Y. App. Div. LEXIS 15405

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

DecidedDecember 20, 1976

StatusPublished

This text of 55 A.D.2d 654 (People v. Cobbs) 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. Cobbs, 55 A.D.2d 654, 390 N.Y.S.2d 9, 1976 N.Y. App. Div. LEXIS 15405 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the County Court, Orange County, rendered July 31, 1975, convicting him of robbery in the second degree (two counts) and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Under the circumstances of this case, defendant could not have committed the crime of grand larceny in the third degree without also having committed the crime of robbery in the second degree. The lesser included count must therefore be dismissed (see People v Grier, 37 NY2d 847, 848). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Orange County, rendered July 31, 1975, convicting him of robbery in the second degree (two counts) and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Under the circumstances of this case, defendant could not have committed the crime of grand larceny in the third degree without also having committed the crime of robbery in the second degree. The lesser included count must therefore be dismissed (see People v Grier, 37 NY2d 847, 848). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

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Bluebook (online)

55 A.D.2d 654, 390 N.Y.S.2d 9, 1976 N.Y. App. Div. LEXIS 15405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cobbs-nyappdiv-1976.

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