PEOPLE v. ALCUDIA


59 A.D.2d 786 (1977)

The People of the State of New York, Respondent, v. Joseph Alcudia, Appellant

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

October 31, 1977


Judgment affirmed.

The verdict of guilty rested upon two alternative theories of robbery in the second degree, as charged to the jury by the Trial Judge. The defendant-appellant received a single sentence upon the verdict. Although the Trial Judge unfortunately asked the jury if it had found the defendant guilty on "both counts", he was clearly referring to the two theories as defined in subdivisions 1 and 2 of section 160.10 of the Penal Law. Thus, the verdict is...

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