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PEOPLE v. WHITE

57 A.D.2d 1076 (1977)

The People of the State of New York, Respondent, v. Karon Ronald White, Appellant

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

May 27, 1977

Judgment unanimously modified on the law in accordance with memorandum, and as modified, affirmed.

Memorandum:

Defendant's conviction of grand larceny in the third degree constitutes a lesser included offense to his conviction of robbery in the second degree on the facts of this case (see People v Acevedo, 40 N.Y.2d 701). Accordingly, the grand larceny in the third degree conviction is reversed and the count dismissed...

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