People v. Willoughby

Appellate Division of the Supreme Court of New York

People v. Willoughby

74 A.D.2d 998, 430 N.Y.S.2d 261, 1980 N.Y. App. Div. LEXIS 10819

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

DecidedMarch 28, 1980

StatusPublished

This text of 74 A.D.2d 998 (People v. Willoughby) 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. Willoughby, 74 A.D.2d 998, 430 N.Y.S.2d 261, 1980 N.Y. App. Div. LEXIS 10819 (N.Y. Ct. App. 1980).

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Opinion

Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: Defendant was found guilty after a jury trial of robbery in the first degree and petit larceny. Petit larceny, on the facts of this case, is an inclusory concurrent count of robbery in the first degree, and a conviction on the robbery count is deemed a dismissal of the lesser count (People v Wallace, 53 AD2d 1057; CPL 300.40, subd 3, par [b]) and the People so concede. Defendant’s conviction of petit larceny is reversed and that count is dismissed, and otherwise the judgment is affirmed. (Appeal from judgment of Monroe Supreme Court — robbery, first degree.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: Defendant was found guilty after a jury trial of robbery in the first degree and petit larceny. Petit larceny, on the facts of this case, is an inclusory concurrent count of robbery in the first degree, and a conviction on the robbery count is deemed a dismissal of the lesser count (People v Wallace, 53 AD2d 1057; CPL 300.40, subd 3, par [b]) and the People so concede. Defendant’s conviction of petit larceny is reversed and that count is dismissed, and otherwise the judgment is affirmed. (Appeal from judgment of Monroe Supreme Court — robbery, first degree.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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Bluebook (online)

74 A.D.2d 998, 430 N.Y.S.2d 261, 1980 N.Y. App. Div. LEXIS 10819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-willoughby-nyappdiv-1980.

Opinion

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