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PEOPLE v. HARRIS

56 A.D.2d 852 (1977)

The People of the State of New York, Respondent, v. Frank Harris, Appellant

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

March 7, 1977

Judgment modified, on the law, by reversing the conviction of possession of weapons, etc., as a felony, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

The guilty verdict on the charges of forcibly stealing from three persons while being armed with a deadly weapon, requires dismissal of the possession charge as an inclusory concurrent offense (see CPL 300.40, subd 3, par [b]; People v Grier,

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