People v. Lucas

Appellate Division of the Supreme Court of New York

People v. Lucas

56 A.D.2d 780, 392 N.Y.S.2d 443, 1977 N.Y. App. Div. LEXIS 11052

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

DecidedMarch 15, 1977

StatusPublished

Cited by2 cases

This text of 56 A.D.2d 780 (People v. Lucas) 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. Lucas, 56 A.D.2d 780, 392 N.Y.S.2d 443, 1977 N.Y. App. Div. LEXIS 11052 (N.Y. Ct. App. 1977).

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Opinion

Judgment of conviction of counts of robbery, first degree, rape, and possession of a weapon, after trial to a jury, Supreme Court, New York County, rendered September 5, 1974, unanimously modified, on the law, to dismiss the weapon count and otherwise affirmed. "Defendant, on the facts of this case, could not have committed the robbery without also committing the grand larceny [in this case, possession of a weapon], 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—Stevens, J. P., Murphy, Capozzoli, Markewich and Lynch, JJ.

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Judgment of conviction of counts of robbery, first degree, rape, and possession of a weapon, after trial to a jury, Supreme Court, New York County, rendered September 5, 1974, unanimously modified, on the law, to dismiss the weapon count and otherwise affirmed. "Defendant, on the facts of this case, could not have committed the robbery without also committing the grand larceny [in this case, possession of a weapon], 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—Stevens, J. P., Murphy, Capozzoli, Markewich and Lynch, JJ.

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Bluebook (online)

56 A.D.2d 780, 392 N.Y.S.2d 443, 1977 N.Y. App. Div. LEXIS 11052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lucas-nyappdiv-1977.

Opinion

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