People v. Collins

Appellate Division of the Supreme Court of New York

People v. Collins

57 A.D.2d 869, 394 N.Y.S.2d 241, 1977 N.Y. App. Div. LEXIS 12099

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

DecidedMay 9, 1977

StatusPublished

This text of 57 A.D.2d 869 (People v. Collins) 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. Collins, 57 A.D.2d 869, 394 N.Y.S.2d 241, 1977 N.Y. App. Div. LEXIS 12099 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 12, 1974 (the date on the clerk’s extract is August 13, 1974), convicting him of robbery in the second degree 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 [870]*870the said count is dismissed. As so modified, judgment affirmed. Since, under CPL 300.30 (subd 4), grand larceny in the third degree is a lesser inclusory count of robbery in the second degree, a conviction of the greater count is deemed a dismissal of the lesser count (CPL 300.40, subd 3, par [b]). Accordingly, the lesser count must be dismissed (see People v Grier, 37 NY2d 847). We have examined appellant’s remaining contentions and find them to be without merit. Hopkins, J. P., Margett, Damiani and Rabin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 12, 1974 (the date on the clerk’s extract is August 13, 1974), convicting him of robbery in the second degree 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 [870]*870the said count is dismissed. As so modified, judgment affirmed. Since, under CPL 300.30 (subd 4), grand larceny in the third degree is a lesser inclusory count of robbery in the second degree, a conviction of the greater count is deemed a dismissal of the lesser count (CPL 300.40, subd 3, par [b]). Accordingly, the lesser count must be dismissed (see People v Grier, 37 NY2d 847). We have examined appellant’s remaining contentions and find them to be without merit. Hopkins, J. P., Margett, Damiani and Rabin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 869, 394 N.Y.S.2d 241, 1977 N.Y. App. Div. LEXIS 12099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack