PEOPLE v. RODRIGUEZ


48 A.D.2d 625 (1975)

The People of the State of New York, Respondent, v. Herminio Rodriguez, Appellant

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

May 15, 1975


The crime of attempted grand larceny in the third degree, as the People concede, is an "inclusory concurrent count" of the crime of attempted robbery in the first degree (CPL 300.30, subd 4). Accordingly, the determination of guilt on the attempted robbery count requires dismissal of the lesser crime of attempted grand larceny. (CPL 300.40, subd 3, par [b]; People v Pyles, 44 A.D.2d 784

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