People v. Santiago

Appellate Division of the Supreme Court of New York

People v. Santiago

47 A.D.2d 867, 366 N.Y.S.2d 146, 1975 N.Y. App. Div. LEXIS 9250

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

DecidedApril 3, 1975

StatusPublished

Cited by2 cases

This text of 47 A.D.2d 867 (People v. Santiago) 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. Santiago, 47 A.D.2d 867, 366 N.Y.S.2d 146, 1975 N.Y. App. Div. LEXIS 9250 (N.Y. Ct. App. 1975).

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Opinion

Judgment, Supreme Court, Bronx County, rendered on April 5, 1973, convicting defendant, after a jury trial, of the crimes of murder and possession of weapon as a misdemeanor and sentencing him to concurrent terms of from 18 years to life and one year respectively, unanimously modified, on the law, to the extent of reversing the conviction for possession of a weapon, vacating the sentence imposed thereon and dismissing that count of the indictment, and otherwise affirmed. On the facts in the record, possession of a weapon as a misdemeanor was a lesser inclusory count of murder. There was no proof of possession independent of the crime of murder. A conviction upon the higher offense is deemed a dismissal of the lesser offense submitted to the jury. CPL 300.40 (subd 3, par [b]) and the People so concede. Concur — Stevens, P. J., Kupferman, Capozzoli, Nunez and Lynch, JJ.

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Judgment, Supreme Court, Bronx County, rendered on April 5, 1973, convicting defendant, after a jury trial, of the crimes of murder and possession of weapon as a misdemeanor and sentencing him to concurrent terms of from 18 years to life and one year respectively, unanimously modified, on the law, to the extent of reversing the conviction for possession of a weapon, vacating the sentence imposed thereon and dismissing that count of the indictment, and otherwise affirmed. On the facts in the record, possession of a weapon as a misdemeanor was a lesser inclusory count of murder. There was no proof of possession independent of the crime of murder. A conviction upon the higher offense is deemed a dismissal of the lesser offense submitted to the jury. CPL 300.40 (subd 3, par [b]) and the People so concede. Concur — Stevens, P. J., Kupferman, Capozzoli, Nunez and Lynch, JJ.

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Bluebook (online)

47 A.D.2d 867, 366 N.Y.S.2d 146, 1975 N.Y. App. Div. LEXIS 9250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santiago-nyappdiv-1975.

Opinion

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