PEOPLE v. CAPLE


65 A.D.2d 605 (1978)

The People of the State of New York, Respondent, v. James E. Caple, Appellant

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

October 23, 1978


Judgment modified, on the law, by reversing the conviction of robbery in the second degree, and the sentence imposed thereon. As so modified, judgment affirmed.

Defendant was not specifically charged in the indictment with robbery in the second degree, and, under the facts of this case, it is not an inclusory concurrent count of the charged crime of robbery in the first degree of which defendant was convicted. Accordingly, the conviction for robbery in the second...

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