PEOPLE v. SWINDELL


50 A.D.2d 940 (1975)

The People of the State of New York, Respondent, v. James Swindell, Appellant

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

December 31, 1975


Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree and the sentence thereon and the count is dismissed. As so modified, judgment affirmed.

Under the facts of this case, defendant could not have committed robbery in the first degree without having also committed grand larceny in the third degree. Therefore, the guilty verdict on the count for robbery in the first degree required dismissal of the grand larceny count (CPL...

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