People v. Edwards

Appellate Division of the Supreme Court of New York

People v. Edwards

61 A.D.2d 1016, 402 N.Y.S.2d 619, 1978 N.Y. App. Div. LEXIS 10656

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

DecidedMarch 13, 1978

StatusPublished

Cited by4 cases

This text of 61 A.D.2d 1016 (People v. Edwards) 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. Edwards, 61 A.D.2d 1016, 402 N.Y.S.2d 619, 1978 N.Y. App. Div. LEXIS 10656 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 30, 1975, convicting him of robbery in the first degree, upon a jury verdict and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Special Term for the purpose of entering an order in its discretion pursuant to CPL 160.50. By its verdict, the jury convicted defendant of robbery in the first degree pursuant to subdivision 3 of section 160.15 of the Penal Law and, at the same time, acquitted him of the lesser included offense of grand larceny in the third degree under subdivision 5 of section 155.30 of the Penal Law (see People v Acevedo, 40 NY2d 701, 707). The acquittal of the lesser included offense of grand larceny, coupled with defendant’s conviction of the higher offense of robbery, renders the verdict repugnant and requires reversal and dismissal of the indictment (People v Carbonnell, 40 NY2d 948; People v Belvin, 47 AD2d 929). Latham, J. P., Damiani, Suozzi and Gulotta, 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 April 30, 1975, convicting him of robbery in the first degree, upon a jury verdict and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Special Term for the purpose of entering an order in its discretion pursuant to CPL 160.50. By its verdict, the jury convicted defendant of robbery in the first degree pursuant to subdivision 3 of section 160.15 of the Penal Law and, at the same time, acquitted him of the lesser included offense of grand larceny in the third degree under subdivision 5 of section 155.30 of the Penal Law (see People v Acevedo, 40 NY2d 701, 707). The acquittal of the lesser included offense of grand larceny, coupled with defendant’s conviction of the higher offense of robbery, renders the verdict repugnant and requires reversal and dismissal of the indictment (People v Carbonnell, 40 NY2d 948; People v Belvin, 47 AD2d 929). Latham, J. P., Damiani, Suozzi and Gulotta, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

61 A.D.2d 1016, 402 N.Y.S.2d 619, 1978 N.Y. App. Div. LEXIS 10656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edwards-nyappdiv-1978.

Opinion

Related

Cite This Page — Counsel Stack