PEOPLE v. COX


54 A.D.2d 703 (1976)

The People of the State of New York, Respondent, v. Nathaniel Cox, Appellant

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

October 5, 1976


Judgment modified, on the law, by reversing the convictions for burglary in the second degree and grand larceny in the third degree and the sentences imposed thereon, and the said counts are 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 burglary in the second degree and grand larceny in the third degree. The guilty verdict on the count charging...

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