People v. Mumit

Appellate Division of the Supreme Court of New York

People v. Mumit

49 A.D.2d 523, 370 N.Y.S.2d 104, 1975 N.Y. App. Div. LEXIS 10371

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

DecidedJuly 3, 1975

StatusPublished

This text of 49 A.D.2d 523 (People v. Mumit) 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. Mumit, 49 A.D.2d 523, 370 N.Y.S.2d 104, 1975 N.Y. App. Div. LEXIS 10371 (N.Y. Ct. App. 1975).

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Opinion

Judgment, Supreme Court, Bronx County, rendered March 12, 1974, convicting the defendant, upon a jury verdict, of robbery in the first degree and possession of a weapon as a misdemeanor, and sentencing him as a second felony offender to a minimum of 12 years and a maximum of 25 years on the robbery count, with a concurrent term of one year on the weapon count, unanimously modified, on the law, to the extent of reversing the conviction on the weapon count and dismissing that count of the indictment, and as so modified, the judgment is affirmed. The District Attorney concedes that the verdict of guilty on the robbery count, upon the facts in this case, necessarily required dismissal of the lesser inclusive and concurrent count of possession of a weapon. (People v Rivera, 46 AD2d 642.) We have examined the other points raised by appellant and find them without merit. Concur— Markewich, J. P., Kupferman, Murphy, Lupiano and Tilzer, JJ.

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Judgment, Supreme Court, Bronx County, rendered March 12, 1974, convicting the defendant, upon a jury verdict, of robbery in the first degree and possession of a weapon as a misdemeanor, and sentencing him as a second felony offender to a minimum of 12 years and a maximum of 25 years on the robbery count, with a concurrent term of one year on the weapon count, unanimously modified, on the law, to the extent of reversing the conviction on the weapon count and dismissing that count of the indictment, and as so modified, the judgment is affirmed. The District Attorney concedes that the verdict of guilty on the robbery count, upon the facts in this case, necessarily required dismissal of the lesser inclusive and concurrent count of possession of a weapon. (People v Rivera, 46 AD2d 642.) We have examined the other points raised by appellant and find them without merit. Concur— Markewich, J. P., Kupferman, Murphy, Lupiano and Tilzer, JJ.

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Bluebook (online)

49 A.D.2d 523, 370 N.Y.S.2d 104, 1975 N.Y. App. Div. LEXIS 10371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mumit-nyappdiv-1975.

Opinion

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