PEOPLE v. BELVIN


47 A.D.2d 929 (1975)

The People of the State of New York, Respondent, v. Larry Belvin and Norman Marbury, Appellants

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

April 21, 1975


Judgments modified, on the law, by reversing the convictions of each defendant of robbery in the first degree and robbery in the second degree and the sentences thereon and the said counts are dismissed. As so modified, judgments affirmed.

The trial court submitted multiple counts to the jury, including robbery in the first, second and third degrees. However, the court failed to charge that robbery in the third degree, a lesser included offense, should be considered...

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