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PEOPLE v. CARILLO

46 A.D.2d 618 (1974)

The People of the State of New York, Respondent, v. Miguel Carillo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 15, 1974

Under the facts of this case, the finding of guilt on the greater count of robbery in the second degree requires dismissal of the "inclusory concurrent count" of grand larceny third degree. (CPL 300.30, subd. 4; CPL 300.40, subd. 3, par. [b].) Dismissal of the grand larceny count, however, does not affect the validity of the robbery conviction (People v. Pyles, 44 A.D.2d 784

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