People v. Newman

Appellate Division of the Supreme Court of New York

People v. Newman

59 A.D.2d 624, 398 N.Y.S.2d 164, 1977 N.Y. App. Div. LEXIS 13460

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

DecidedSeptember 26, 1977

StatusPublished

This text of 59 A.D.2d 624 (People v. Newman) 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. Newman, 59 A.D.2d 624, 398 N.Y.S.2d 164, 1977 N.Y. App. Div. LEXIS 13460 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 11, 1975, convicting him of assault in the second degree, robbery in the third degree, and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law and as a matter of discretion in the interest of justice, by reversing the conviction of grand larceny in the third degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Grand larceny in the third degree is a lesser included offense of robbery in the third degree (People v Little, 52 AD2d 896; People v Norde, 49 AD2d 735; see CPL 300.40, subd 3, par [b]). We have considered the defendant’s other arguments and find them to be without merit. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 11, 1975, convicting him of assault in the second degree, robbery in the third degree, and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law and as a matter of discretion in the interest of justice, by reversing the conviction of grand larceny in the third degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Grand larceny in the third degree is a lesser included offense of robbery in the third degree (People v Little, 52 AD2d 896; People v Norde, 49 AD2d 735; see CPL 300.40, subd 3, par [b]). We have considered the defendant’s other arguments and find them to be without merit. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 624, 398 N.Y.S.2d 164, 1977 N.Y. App. Div. LEXIS 13460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newman-nyappdiv-1977.

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