We find, and the People concede, that the count of grand larceny third degree is an inclusory concurrent count of the crime of robbery in the first degree (CPL 300.30, subd. 4). A determination of guilt on the robbery first count is deemed a dismissal of every lesser-included count submitted. (CPL 300.40, subd. 3, par. [b]; People v. Rivera, 45 A.D.2d 990; People v. Pyles,
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PEOPLE v. PANNELL
47 A.D.2d 623 (1975)
The People of the State of New York, Respondent, v. Frank Pannell, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
February 27, 1975
February 27, 1975
Appellate Division of the Supreme Court of the State of New York, Third Department.
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