PEOPLE v. COTTON


51 A.D.2d 750 (1976)

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

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

February 9, 1976


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

We have already held, on the facts of a similar case, that the defendant could not have committed robbery in the first degree without at the same time having committed grand larceny in the third degree. (People v Matos, 50 A.D.2d 872)...

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