People v. White

57 A.D.2d 1076, 395 N.Y.S.2d 961, 1977 N.Y. App. Div. LEXIS 12390

Opinion

Judgment unanimously modified on the law in accordance with memorandum, and as modified, affirmed. Memorandum: Defendant’s conviction of grand larceny in the third degree constitutes a lesser included offense to his conviction of robbery in the second degree on the facts of this case (see People v Acevedo, 40 NY2d 701). Accordingly, the grand larceny in the third degree conviction is reversed and the count dismissed (see People v Grier, 37 NY2d 847). (Appeal from judgment of Onondaga County Court — robbery, second degree, etc.) Present — Moule, J. P., Simons, Dillon, Goldman and Witmer, JJ.