PEOPLE v. FONDAL


64 A.D.2d 638 (1978)

The People of the State of New York, Respondent, v. Barry Fondal, Appellant

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

July 10, 1978


Judgment as to Indictment No. 1621/73 affirmed. No opinion. Judgment as to Indictment No. 3014/73 reversed, on the law, and, as a matter of discretion in the interest of justice, indictment dismissed.

In our opinion the trial court erred when it refused to charge criminal possession of stolen property in the third degree as a lesser included offense of robbery in the third degree (see People v Hayes, 43 A.D.2d 99, affd

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