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PEOPLE v. URANO

9 N.Y.2d 740 (1961)

The People of the State of New York, Respondent, v. Paul Urano, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Stanley J. Reiben for appellant.

Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER. Judges FROESSEL and BURKE dissent and vote to reverse upon the ground that, when the jury acquitted defendant of robbery, they could not lawfully convict defendant of both grand larceny and assault inasmuch as their combination amounted to robbery. A new trial should be ordered.

Judgment affirmed...

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