People v. Pacheco

Appellate Division of the Supreme Court of New York

People v. Pacheco

47 A.D.2d 893, 367 N.Y.S.2d 34, 1975 N.Y. App. Div. LEXIS 9308

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

DecidedApril 29, 1975

StatusPublished

This text of 47 A.D.2d 893 (People v. Pacheco) 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. Pacheco, 47 A.D.2d 893, 367 N.Y.S.2d 34, 1975 N.Y. App. Div. LEXIS 9308 (N.Y. Ct. App. 1975).

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Opinion

Judgment, Supreme Court, Bronx County, rendered October 11, 1973, convicting defendant, upon a jury [894]*894verdict, of robbery, first degree; grand larceny, third degree and possession of a weapon as a misdemeanor, unanimously modified, on the law, to the extent of reversing the convictions on the grand larceny and the weapon counts and dismissing those counts of the indictment and, as so modified, the judgment is affirmed. The District Attorney concedes that under the theory of the crime put forth, and the facts proved, in this case, the counts of grand larceny in the third degree and possession of a weapon as a misdemeanor were lesser included concurrent counts to robbery in the first degree (see People v Rivera, 46 AD2d 642; People v Pyles, 44 AD2d 784). The verdict of guilty on the robbery count entitled the defendant to a dismissal of the lesser counts submitted as inclusory concurrent counts (see CPL 300.40, subd 3, par [b]). The reversal and dismissal of the grand larceny and weapon counts do not affect the validity of the robbery conviction (see People v Mulligan, 29 NY2d 20, 24; People v Chestnut, 26 NY2d 481, 491-492). The remaining contentions advanced by defendant have been examined and found to be without merit. Concur — Stevens, P. J., Markewich, Kupferman, Lupiano and Nunez, JJ.

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Judgment, Supreme Court, Bronx County, rendered October 11, 1973, convicting defendant, upon a jury [894]*894verdict, of robbery, first degree; grand larceny, third degree and possession of a weapon as a misdemeanor, unanimously modified, on the law, to the extent of reversing the convictions on the grand larceny and the weapon counts and dismissing those counts of the indictment and, as so modified, the judgment is affirmed. The District Attorney concedes that under the theory of the crime put forth, and the facts proved, in this case, the counts of grand larceny in the third degree and possession of a weapon as a misdemeanor were lesser included concurrent counts to robbery in the first degree (see People v Rivera, 46 AD2d 642; People v Pyles, 44 AD2d 784). The verdict of guilty on the robbery count entitled the defendant to a dismissal of the lesser counts submitted as inclusory concurrent counts (see CPL 300.40, subd 3, par [b]). The reversal and dismissal of the grand larceny and weapon counts do not affect the validity of the robbery conviction (see People v Mulligan, 29 NY2d 20, 24; People v Chestnut, 26 NY2d 481, 491-492). The remaining contentions advanced by defendant have been examined and found to be without merit. Concur — Stevens, P. J., Markewich, Kupferman, Lupiano and Nunez, JJ.

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Bluebook (online)

47 A.D.2d 893, 367 N.Y.S.2d 34, 1975 N.Y. App. Div. LEXIS 9308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pacheco-nyappdiv-1975.

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