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PEOPLE v. BASS

47 A.D.2d 615 (1975)

The People of the State of New York, Respondent, v. James Bass, Appellant

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

February 20, 1975

Except as so modified, the judgment is otherwise affirmed. Appellant correctly contends, and the People now concede, that the robbery in the third degree count was a lesser inclusory concurrent count of robbery in the first and second degrees. Accordingly, the conviction upon the greater submitted counts required a dismissal of the lesser offense. (CPL 300.40; People v. Pyles, 44 A.D.2d 784

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