People v. Westmoreland

Appellate Division of the Supreme Court of New York

People v. Westmoreland

156 A.D.2d 1022, 550 N.Y.S.2d 874, 1989 N.Y. App. Div. LEXIS 16231

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

DecidedDecember 20, 1989

StatusPublished

This text of 156 A.D.2d 1022 (People v. Westmoreland) 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. Westmoreland, 156 A.D.2d 1022, 550 N.Y.S.2d 874, 1989 N.Y. App. Div. LEXIS 16231 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The People concede that the judgment must be modified by dismissing the assault count and vacating the sentence imposed thereon. It is an inclusory concurrent count of second degree robbery (see, CPL 300.40 [3] [b]). We have examined the other issues raised by defendant’s appellate counsel and by defendant in his pro se brief and find none with merit. (Appeal from judgment of Monroe County Court, Wisner, J. — kidnapping, first degree.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.

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Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The People concede that the judgment must be modified by dismissing the assault count and vacating the sentence imposed thereon. It is an inclusory concurrent count of second degree robbery (see, CPL 300.40 [3] [b]). We have examined the other issues raised by defendant’s appellate counsel and by defendant in his pro se brief and find none with merit. (Appeal from judgment of Monroe County Court, Wisner, J. — kidnapping, first degree.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.

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Bluebook (online)

156 A.D.2d 1022, 550 N.Y.S.2d 874, 1989 N.Y. App. Div. LEXIS 16231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-westmoreland-nyappdiv-1989.