On the facts in the record, charges of possession of a weapon as a misdemeanor were inclusory concurrent counts of murder and robbery (CPL 300.30, subd 4). There was no proof of possession independent of the crimes of murder and robbery. Convictions on the higher offenses are deemed dismissals of the lesser offenses included therein. (CPL 300.40, subd 3, par [b]; People v Santiago,
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PEOPLE v. BUCHANAN
57 A.D.2d 781 (1977)
The People of the State of New York, Respondent, v. Robert Buchanan, Appellant. The People of the State of New York, Respondent, v. Roderick Buntin, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 17, 1977
May 17, 1977
Appellate Division of the Supreme Court of the State of New York, First Department.
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