People v. Holloman

Appellate Division of the Supreme Court of New York

People v. Holloman

51 A.D.2d 976, 380 N.Y.S.2d 305, 1976 N.Y. App. Div. LEXIS 11712

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

DecidedMarch 1, 1976

StatusPublished

This text of 51 A.D.2d 976 (People v. Holloman) 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. Holloman, 51 A.D.2d 976, 380 N.Y.S.2d 305, 1976 N.Y. App. Div. LEXIS 11712 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1973, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree and attempted assault in the first degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery 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. Under the facts of this case, robbery in the second degree and grand larceny in the third degree are lesser included offenses of robbery in the first degree (see CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847; People v Phillips, 50 AD2d 937). Martuscello, Acting P. J., Christ, Shapiro, Titone and Hawkins, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1973, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree and attempted assault in the first degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery 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. Under the facts of this case, robbery in the second degree and grand larceny in the third degree are lesser included offenses of robbery in the first degree (see CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847; People v Phillips, 50 AD2d 937). Martuscello, Acting P. J., Christ, Shapiro, Titone and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 976, 380 N.Y.S.2d 305, 1976 N.Y. App. Div. LEXIS 11712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holloman-nyappdiv-1976.

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