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PEOPLE v. SHABAZZ

49 A.D.2d 516 (1975)

The People of the State of New York, Respondent, v. Arkbar Shabazz, Appellant

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

July 1, 1975

The People concede that assault in the second degree as charged in the indictment is an inclusory concurrent count (CPL 300.30) of robbery in the second degree, as charged therein. Dismissal must follow irrespective of defendant's failure to request that the court submit the counts in the alternative. The verdict of guilty to robbery requires a dismissal of the lesser assault count. (People v Pyles, 44 A.D.2d 784.) We have examined...

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