PEOPLE v. DEMPSEY


66 A.D.2d 801 (1978)

The People of the State of New York, Respondent, v. Michael Dempsey, Appellant

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

December 11, 1978


Judgment modified, on the law, by reversing the convictions of assault in the second degree and grand larceny in the third degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed.

On the facts of this case, assault in the second degree and grand larceny in the third degree are inclusory concurrent counts of the robbery count. Accordingly, the judgment is modified by reversing the convictions of those crimes and...

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