People v. Collier

Appellate Division of the Supreme Court of New York

People v. Collier

63 A.D.2d 562, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11391

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

DecidedMay 2, 1978

StatusPublished

Cited by1 cases

This text of 63 A.D.2d 562 (People v. Collier) 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. Collier, 63 A.D.2d 562, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11391 (N.Y. Ct. App. 1978).

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Opinion

Judgment, Supreme Court, New York County, rendered June 26, 1975, convicting defendant after jury trial of two counts of robbery, second degree, grand larceny, third degree, assault, second degree, and possession of a weapon, fourth degree, unanimously modified, on the law, to reverse the larceny and assault convictions and dismiss those counts of the indictment, and otherwise affirmed. On the facts of this case, defendant could not have committed the robbery without also committing the grand larceny and assault. Those are inclusory and concurrent counts (CPL 300.30, subd 4). "Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]).” (People v Grier, 37 NY2d 847, 848.) We have examined the other points urged by appellant and find them without merit. Concur—Lupiano, J. P., Fein, Lane, Markewich and Sullivan, JJ.

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Judgment, Supreme Court, New York County, rendered June 26, 1975, convicting defendant after jury trial of two counts of robbery, second degree, grand larceny, third degree, assault, second degree, and possession of a weapon, fourth degree, unanimously modified, on the law, to reverse the larceny and assault convictions and dismiss those counts of the indictment, and otherwise affirmed. On the facts of this case, defendant could not have committed the robbery without also committing the grand larceny and assault. Those are inclusory and concurrent counts (CPL 300.30, subd 4). "Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]).” (People v Grier, 37 NY2d 847, 848.) We have examined the other points urged by appellant and find them without merit. Concur—Lupiano, J. P., Fein, Lane, Markewich and Sullivan, JJ.

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Bluebook (online)

63 A.D.2d 562, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collier-nyappdiv-1978.

Opinion

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