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PEOPLE v. UTLEY

60 A.D.2d 657 (1977)

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

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

December 27, 1977

Judgment modified, on the law, by reversing the conviction for unauthorized use of a vehicle, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

In our opinion, the count of unauthorized use of a vehicle must be dismissed as a lesser included offense of criminal possession of stolen property in the first degree (see People v Grier, 37 N.Y.2d 847).

Titone

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