People v. Moore

Appellate Division of the Supreme Court of New York

People v. Moore

71 A.D.2d 711, 419 N.Y.S.2d 205, 1979 N.Y. App. Div. LEXIS 12920

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1979·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the County Court of Cortland County, rendered July 8, 1977, upon a verdict convicting defendant of the crimes of criminal possession of stolen property in the first degree and unauthorized use of a vehicle. We have examined the various issues raised by defendant on this appeal and conclude that none of them warrant a reversal of the judgment. However, under the factual circumstances presented, we do agree with his contention that the crime of unauthorized use of a vehicle was a lesser included offense of criminal possession of stolen property in the first degree and the judgment should be modified accordingly (see People v Turner, 61 AD2d 845; CPL 300.40, subd 3, par [b]). Judgment modified, on the law, by reversing so much thereof as convicted defendant of the crime of unauthorized use of a vehicle and imposed a sentence thereon, and, as so modified, affirmed. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.

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Appeal from a judgment of the County Court of Cortland County, rendered July 8, 1977, upon a verdict convicting defendant of the crimes of criminal possession of stolen property in the first degree and unauthorized use of a vehicle. We have examined the various issues raised by defendant on this appeal and conclude that none of them warrant a reversal of the judgment. However, under the factual circumstances presented, we do agree with his contention that the crime of unauthorized use of a vehicle was a lesser included offense of criminal possession of stolen property in the first degree and the judgment should be modified accordingly (see People v Turner, 61 AD2d 845; CPL 300.40, subd 3, par [b]). Judgment modified, on the law, by reversing so much thereof as convicted defendant of the crime of unauthorized use of a vehicle and imposed a sentence thereon, and, as so modified, affirmed. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.

People v. Moore, 71 A.D.2d 711, 419 N.Y.S.2d 205, 1979 N.Y. App. Div. LEXIS 12920 (N.Y. Ct. App. 1979).

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Opinion

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