PEOPLE v. SAAVEDRA


59 A.D.2d 918 (1977)

The People of the State of New York, Respondent, v. Adalberto Saavedra, Also Known as Rafael Saavedra, Also Known as Raul Santiago Bussoo, Also Known as Jose Vasquez, Also Known as Albert Brusso, Appellant

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

November 14, 1977


Judgment modified, on the law, by reversing the conviction of criminal possession of a weapon in the second degree, and the sentence imposed thereon, and the said count (count one of Indictment No. 1094-B-74) is dismissed. As so modified, judgment affirmed.

As conceded by the People, the weapons count is a lesser included offense of robbery in the first degree under the facts of this case. We have therefore modified the judgment accordingly (see People v Flowers...

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