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PEOPLE v. PETERSON

68 A.D.2d 938 (1979)

The People of the State of New York, Respondent, v. Eric S. Peterson, Appellant

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

March 26, 1979

Judgment affirmed.

Since the Court of Appeals has indicated that grand larceny, wherein proof is required that the items taken exceed a certain value, is not a lesser included offense of robbery in the first degree (as opposed to grand larceny by taking "from the person of another" [Penal Law, § 155.30, subd 5]), no error was committed in failing to dismiss the grand larceny conviction (see People v Acevedo,...

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