People v. Salik

Appellate Division of the Supreme Court of New York

People v. Salik

47 A.D.2d 723, 365 N.Y.S.2d 14, 1975 N.Y. App. Div. LEXIS 8971

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

DecidedMarch 3, 1975

StatusPublished

Cited by1 cases

This text of 47 A.D.2d 723 (People v. Salik) 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. Salik, 47 A.D.2d 723, 365 N.Y.S.2d 14, 1975 N.Y. App. Div. LEXIS 8971 (N.Y. Ct. App. 1975).

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Opinion

Judgment rendered February 13, 1973, Supreme Court, New York County, convicting defendant upon a jury verdict of robbery in the first degree, grand larceny in the third degree, possession of a weapon, assault in the second degree and resisting arrest, unanimously modified, on the law, to the extent of reversing the conviction on the grand larceny count and dismissing that count of the indictment and, as so modified, the judgment is affirmed. As the People properly point out, the grand larceny count is an “ Inelusory concurrent count ” (CPL 300.30, subd. 4) of the robbery conviction. As such, a conviction upon the robbery count is deemed a dismissal of the lesser inelusory count of grand larceny (CPL 300.40, subd. 3, par. [b]; People v. Pyles, 44 A D 2d 784). Concur— Stevens, J. P., Murphy, Lupiano, Capozzoli and Lane, JJ.

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Judgment rendered February 13, 1973, Supreme Court, New York County, convicting defendant upon a jury verdict of robbery in the first degree, grand larceny in the third degree, possession of a weapon, assault in the second degree and resisting arrest, unanimously modified, on the law, to the extent of reversing the conviction on the grand larceny count and dismissing that count of the indictment and, as so modified, the judgment is affirmed. As the People properly point out, the grand larceny count is an “ Inelusory concurrent count ” (CPL 300.30, subd. 4) of the robbery conviction. As such, a conviction upon the robbery count is deemed a dismissal of the lesser inelusory count of grand larceny (CPL 300.40, subd. 3, par. [b]; People v. Pyles, 44 A D 2d 784). Concur— Stevens, J. P., Murphy, Lupiano, Capozzoli and Lane, JJ.

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Bluebook (online)

47 A.D.2d 723, 365 N.Y.S.2d 14, 1975 N.Y. App. Div. LEXIS 8971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salik-nyappdiv-1975.

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