People v. McClamb

Appellate Division of the Supreme Court of New York

People v. McClamb

155 A.D.2d 916, 549 N.Y.S.2d 612, 1989 N.Y. App. Div. LEXIS 14766

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

DecidedNovember 15, 1989

StatusPublished

This text of 155 A.D.2d 916 (People v. McClamb) 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. McClamb, 155 A.D.2d 916, 549 N.Y.S.2d 612, 1989 N.Y. App. Div. LEXIS 14766 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: As the People concede, count four, criminal possession of a weapon in the third degree, is a lesser included offense of count one, criminal possession of a weapon in the second degree. Defendant was convicted of both counts. Accordingly, defendant’s conviction on count four is reversed, the sentence thereon vacated, and that count is dismissed. We have examined defendant’s remaining contentions on appeal and find them lacking in merit. (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — criminal possession of weapon, third degree; reckless endangerment, third degree.) Present — Denman, J. P., Green, Pine, Balio and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: As the People concede, count four, criminal possession of a weapon in the third degree, is a lesser included offense of count one, criminal possession of a weapon in the second degree. Defendant was convicted of both counts. Accordingly, defendant’s conviction on count four is reversed, the sentence thereon vacated, and that count is dismissed. We have examined defendant’s remaining contentions on appeal and find them lacking in merit. (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — criminal possession of weapon, third degree; reckless endangerment, third degree.) Present — Denman, J. P., Green, Pine, Balio and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

155 A.D.2d 916, 549 N.Y.S.2d 612, 1989 N.Y. App. Div. LEXIS 14766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcclamb-nyappdiv-1989.