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PEOPLE v. ALLAH

47 A.D.2d 738 (1975)

The People of the State of New York, Respondent, v. Shawhan Allah, Appellant

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

March 18, 1975

In this case the defendant could not have committed robbery without having also committed larceny; the larceny offense was, therefore, an inclusory concurrent lesser count included within the greater crime of robbery. The larceny count should be dismissed. (CPL 300.40, subd. 3, par. [b]; People v. Pyles, 44 A.D.2d 784.) Prior to trial a hearing was held pursuant to article 670 of the CPL to determine whether Mr. Edward Yancy, the...

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