People v. Rivers

Appellate Division of the Supreme Court of New York

People v. Rivers

87 A.D.2d 579, 450 N.Y.S.2d 407, 1982 N.Y. App. Div. LEXIS 15846

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

DecidedMarch 1, 1982

StatusPublished

This text of 87 A.D.2d 579 (People v. Rivers) 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. Rivers, 87 A.D.2d 579, 450 N.Y.S.2d 407, 1982 N.Y. App. Div. LEXIS 15846 (N.Y. Ct. App. 1982).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered November 15,1979, convicting him of assault in the second degree, assault in the third degree, reckless endangerment in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of assault in the third degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed. Under the facts of this case, the count charging assault in the third degree was an inclusory concurrent count of assault in the second degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40, subd 3, par [b]). We have reviewed the defendant’s remaining arguments and find they do not merit reversal. Titone, J. P., Lazer, Mangano, Gibbons and Thompson, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered November 15,1979, convicting him of assault in the second degree, assault in the third degree, reckless endangerment in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of assault in the third degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed. Under the facts of this case, the count charging assault in the third degree was an inclusory concurrent count of assault in the second degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40, subd 3, par [b]). We have reviewed the defendant’s remaining arguments and find they do not merit reversal. Titone, J. P., Lazer, Mangano, Gibbons and Thompson, JJ., concur.

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Bluebook (online)

87 A.D.2d 579, 450 N.Y.S.2d 407, 1982 N.Y. App. Div. LEXIS 15846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivers-nyappdiv-1982.