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PEOPLE v. MITCHELL

51 A.D.2d 689 (1976)

The People of the State of New York, Respondent, v. Charles Mitchell, Appellant

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

February 2, 1976

Those counts which we have dismissed are concededly inclusory concurrent counts; therefore, the conviction of the defendant of the crimes of robbery in the first degree and attempt to commit the crime of robbery in the first degree mandates dismissal of the inclusory concurrent counts (CPL 300.40, subd 3, par [b]; People v Pyles, 44 A.D.2d 784). We have examined the balance of the contentions of the defendant and found them to be...

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