People v. Saavedra

Appellate Division of the Supreme Court of New York

People v. Saavedra

59 A.D.2d 918, 399 N.Y.S.2d 611, 1977 N.Y. App. Div. LEXIS 14128

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

DecidedNovember 14, 1977

StatusPublished

This text of 59 A.D.2d 918 (People v. Saavedra) 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. Saavedra, 59 A.D.2d 918, 399 N.Y.S.2d 611, 1977 N.Y. App. Div. LEXIS 14128 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered September 22, 1975, convicting him of robbery 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 criminal possession of a weapon in the second degree, and the sentence imposed thereon, and the said count (count one of Indictment No. 1094-B-74) is dismissed. As so modified, judgment affirmed. As conceded by the People, the weapons count is a lesser included offense of robbery in the first degree under the facts of this case. We have therefore modified the judgment accordingly (see People v Flowers, 56 AD2d 660). Defendant’s remaining claims on appeal are without merit. Hargett, J. P., Rabin, Titone and Hollen, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered September 22, 1975, convicting him of robbery 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 criminal possession of a weapon in the second degree, and the sentence imposed thereon, and the said count (count one of Indictment No. 1094-B-74) is dismissed. As so modified, judgment affirmed. As conceded by the People, the weapons count is a lesser included offense of robbery in the first degree under the facts of this case. We have therefore modified the judgment accordingly (see People v Flowers, 56 AD2d 660). Defendant’s remaining claims on appeal are without merit. Hargett, J. P., Rabin, Titone and Hollen, JJ., concur.

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Bluebook (online)

59 A.D.2d 918, 399 N.Y.S.2d 611, 1977 N.Y. App. Div. LEXIS 14128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saavedra-nyappdiv-1977.

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