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PEOPLE v. JENKINS

47 A.D.2d 832 (1975)

The People of the State of New York, Respondent, v. Ronald Jenkins, Appellant

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

March 31, 1975

The larceny count is a lesser included count in the robbery charge, and conviction of the more serious charge disposes of the other. (See People v Pyles, 44 A.D.2d 784; CPL 300.40, subd. 3, par. [b].) While our dissenting brother concurs insofar as we have modified, he would reverse and remand for trial anew because of the joint trial on two disparate charges. As the dissenter himself recognizes, the controlling law is set forth...

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