PEOPLE v. GUTIERREZ


60 A.D.2d 529 (1977)

The People of the State of New York, Respondent, v. Jose Gutierrez, Appellant

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

December 8, 1977


Unanimously modified, on the law, to reverse the convictions on the counts of robbery in the second degree, grand larceny in the third degree and possession of the weapon, to vacate the sentences thereon and to dismiss those counts, and otherwise the judgment is affirmed.

On the facts of this case, the defendant could not have committed the robbery, first degree, without committing the other crimes of which he was also convicted. Therefore, the counts of robbery,...

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