PEOPLE v. MITCHELL


50 A.D.2d 524 (1975)

The People of the State of New York, Respondent, v. Floyd Mitchell, Appellant

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

November 6, 1975


We find, as the District Attorney candidly concedes, that the verdict convicting defendant of robbery, grand larceny and possession of a weapon cannot stand. Defendant, on the facts in this case, could not have committed the robbery without also commiting the grand larceny and he could not have taken property from the person of the complainant by means of a weapon without possessing a weapon (actually, here defendant was responsible for the actual physical possession by his...

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