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PEOPLE v. SECURE

47 A.D.2d 728 (1975)

The People of the State of New York, Respondent, v. John Secure, Appellant

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

March 6, 1975

The robbery and larceny counts arose out of the same acts and were, therefore, concurrent counts. A conviction upon the higher offense is deemed a dismissal of any lesser offenses submitted to the jury. (CPL 300.40.) Accordingly, defendant's convictions for robbery constitute a dismissal of the larceny counts and the People so concede. (People v. Pyles, 44 A.D.2d 784.) We have examined the other points urged by the defendant and...

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