People v. Cunningham

Appellate Division of the Supreme Court of New York

People v. Cunningham

53 A.D.2d 646, 384 N.Y.S.2d 498, 1976 N.Y. App. Div. LEXIS 13369

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

DecidedJune 14, 1976

StatusPublished

This text of 53 A.D.2d 646 (People v. Cunningham) 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. Cunningham, 53 A.D.2d 646, 384 N.Y.S.2d 498, 1976 N.Y. App. Div. LEXIS 13369 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 7, 1973, convicting him of robbery in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by deleting therefrom the conviction for grand larceny in the third degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Where a verdict is comprised of inclusory counts, a verdict of guilty on the highest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]). Under the facts of this case, defendant could not have committed robbery in the first degree without concomitantly committing grand larceny in the third degree. Accordingly, the conviction of grand larceny in the third degree must be dismissed (see People v Grier, 37 NY2d 847; People v Johnson, 39 NY2d 364). The other points raised by defendant on this appeal have, on consideration, been found to be without merit. Latham, Acting P. J., Cohalan, Rabin, Shapiro and Titone, 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 December 7, 1973, convicting him of robbery in the first degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by deleting therefrom the conviction for grand larceny in the third degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Where a verdict is comprised of inclusory counts, a verdict of guilty on the highest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]). Under the facts of this case, defendant could not have committed robbery in the first degree without concomitantly committing grand larceny in the third degree. Accordingly, the conviction of grand larceny in the third degree must be dismissed (see People v Grier, 37 NY2d 847; People v Johnson, 39 NY2d 364). The other points raised by defendant on this appeal have, on consideration, been found to be without merit. Latham, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 646, 384 N.Y.S.2d 498, 1976 N.Y. App. Div. LEXIS 13369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cunningham-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack