People v. Dempsey

Appellate Division of the Supreme Court of New York

People v. Dempsey

66 A.D.2d 801, 411 N.Y.S.2d 37, 1978 N.Y. App. Div. LEXIS 14108

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

DecidedDecember 11, 1978

StatusPublished

This text of 66 A.D.2d 801 (People v. Dempsey) 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. Dempsey, 66 A.D.2d 801, 411 N.Y.S.2d 37, 1978 N.Y. App. Div. LEXIS 14108 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 4, 1975 (the date on the clerk’s extract is May 22, 1975), convicting him of robbery in the second degree, assault in the second and third degrees and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of assault in the second degree and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. On the facts of this case, assault in the second degree and grand larceny in the third degree are inclusory concurrent counts of the robbery count. Accordingly, the judgment is modified by reversing the convictions of those crimes and dismissing the said counts (see CPL 300.30, subd 4; 300.40, subd 3, par [b]). Latham, J. P., Rabin, Cohalan and Margett, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 4, 1975 (the date on the clerk’s extract is May 22, 1975), convicting him of robbery in the second degree, assault in the second and third degrees and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of assault in the second degree and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. On the facts of this case, assault in the second degree and grand larceny in the third degree are inclusory concurrent counts of the robbery count. Accordingly, the judgment is modified by reversing the convictions of those crimes and dismissing the said counts (see CPL 300.30, subd 4; 300.40, subd 3, par [b]). Latham, J. P., Rabin, Cohalan and Margett, JJ., concur.

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Bluebook (online)

66 A.D.2d 801, 411 N.Y.S.2d 37, 1978 N.Y. App. Div. LEXIS 14108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dempsey-nyappdiv-1978.