People v. Dockery

Appellate Division of the Supreme Court of New York

People v. Dockery

61 A.D.2d 940, 403 N.Y.S.2d 25, 1978 N.Y. App. Div. LEXIS 10534

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

DecidedMarch 21, 1978

StatusPublished

This text of 61 A.D.2d 940 (People v. Dockery) 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. Dockery, 61 A.D.2d 940, 403 N.Y.S.2d 25, 1978 N.Y. App. Div. LEXIS 10534 (N.Y. Ct. App. 1978).

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Opinion

Judgment, Supreme Court, New York County, rendered January 14, 1976, convicting defendant after jury trial of criminal possession of a weapon in the second degree (Penal Law, § 265.03) and criminal possession of a weapon in the third degree (Penal Law, § 265.02), unanimously modified, on the law, to reverse and dismiss the latter count and vacate the sentence thereon, and otherwise affirmed. On the facts of this case, the two counts are inclusory concurrent counts. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser count. (CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847; People v Diaz, 56 AD2d 557.) We have examined the points raised by appellant and find them without merit. (See Penal Law, § 265.15, subd 4, second sentence.) Concur—Silverman, J. P., Fein, Lane, Markewich and Sullivan, JJ.

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Judgment, Supreme Court, New York County, rendered January 14, 1976, convicting defendant after jury trial of criminal possession of a weapon in the second degree (Penal Law, § 265.03) and criminal possession of a weapon in the third degree (Penal Law, § 265.02), unanimously modified, on the law, to reverse and dismiss the latter count and vacate the sentence thereon, and otherwise affirmed. On the facts of this case, the two counts are inclusory concurrent counts. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser count. (CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847; People v Diaz, 56 AD2d 557.) We have examined the points raised by appellant and find them without merit. (See Penal Law, § 265.15, subd 4, second sentence.) Concur—Silverman, J. P., Fein, Lane, Markewich and Sullivan, JJ.

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Bluebook (online)

61 A.D.2d 940, 403 N.Y.S.2d 25, 1978 N.Y. App. Div. LEXIS 10534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dockery-nyappdiv-1978.

Opinion

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