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PEOPLE v. GALE

59 A.D.2d 724 (1977)

The People of the State of New York, Respondent, v. Robert Christopher Gale, Appellant

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

October 11, 1977

Judgment modified, on the law, by reversing the convictions of assault in the first degree and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed.

Under the facts herein, assault in the first degree and grand larceny in the third degree are lesser included offenses of robbery in the first degree (see CPL 1.20, subd 37; People v Grier, 37 N.Y.2d 847

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