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PEOPLE v. KITT

48 A.D.2d 793 (1975)

The People of the State of New York, Respondent, v. Anthony Kitt, Appellant

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

June 12, 1975

Except as so modified, the judgment is in all other respects affirmed. The robbery in the second degree, assault, grand larceny and weapon possession counts are lesser inclusory concurrent counts of the attempted murder and robbery in the first degree counts. We have previously held that the policy considerations underlying the provisions of CPL 300.40 (subd [3], par [b]) should apply to convictions based upon guilty pleas so that...

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