PEOPLE v. SMITH


59 A.D.2d 547 (1977)

The People of the State of New York, Respondent, v. Larry Smith, Also Known as Edward Charles Smith, Appellant

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

August 1, 1977


Judgment modified, on the law, by reversing the conviction of possession of weapons, etc., as a felony, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

The proof was sufficient to establish defendant's guilt of all of the crimes charged beyond a reasonable doubt. However, under the facts of this case, defendant could not have committed the crime of robbery in the first degree without also having possessed a weapon...

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