PEOPLE v. ORR


59 A.D.2d 600 (1977)

The People of the State of New York, Respondent, v. Donald Orr, Appellant

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

September 22, 1977


Unanimously modified, on the law, to dismiss the weapon count, and otherwise affirmed.

On the facts of this case, the defendant could not have committed the robbery, first degree, without possessing the weapon. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser count. (People v Blake, 58 A.D.2d 757; People v Buchanan,

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