People v. Lee

Appellate Division of the Supreme Court of New York

People v. Lee

56 A.D.2d 818, 393 N.Y.S.2d 20, 1977 N.Y. App. Div. LEXIS 11119

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

DecidedMarch 28, 1977

StatusPublished

This text of 56 A.D.2d 818 (People v. Lee) 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. Lee, 56 A.D.2d 818, 393 N.Y.S.2d 20, 1977 N.Y. App. Div. LEXIS 11119 (N.Y. Ct. App. 1977).

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Opinion

Judgment, Supreme Court, Bronx County, rendered after trial to a jury, October 25, 1974, unanimously modified, on the law, to vacate the convictions for attempted petit larceny and possession of a weapon and to dismiss those counts, and otherwise to affirm the conviction of attempted robbery, first degree. "Defendant, on the facts of this case, could not have committed the robbery [here an attempt] without also committing the grand larceny [here the two counts dismissed], the counts being inclusory and concurrent (CPL 300.30, subd 4; People v Hayes, 43 AD2d 99, affd 35 NY2d 907). Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]).” (People v Grier, 37 NY2d 847, 848.) Concur—Kupferman, J. P., Lupiano, Silverman, Lane and Markewich, JJ.

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Judgment, Supreme Court, Bronx County, rendered after trial to a jury, October 25, 1974, unanimously modified, on the law, to vacate the convictions for attempted petit larceny and possession of a weapon and to dismiss those counts, and otherwise to affirm the conviction of attempted robbery, first degree. "Defendant, on the facts of this case, could not have committed the robbery [here an attempt] without also committing the grand larceny [here the two counts dismissed], the counts being inclusory and concurrent (CPL 300.30, subd 4; People v Hayes, 43 AD2d 99, affd 35 NY2d 907). Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b]).” (People v Grier, 37 NY2d 847, 848.) Concur—Kupferman, J. P., Lupiano, Silverman, Lane and Markewich, JJ.

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Bluebook (online)

56 A.D.2d 818, 393 N.Y.S.2d 20, 1977 N.Y. App. Div. LEXIS 11119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-nyappdiv-1977.

Opinion

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