PEOPLE v. FLORES


67 A.D.2d 685 (1979)

The People of the State of New York, Respondent, v. Anibal Flores, Appellant

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

January 15, 1979


Judgment modified, on the law, by reversing the conviction of petit larceny, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

Under the facts of this case, defendant could not have been guilty of robbery in the first degree without having also been guilty of petit larceny. Therefore, the guilty verdict on the robbery count requires dismissal of the lesser inclusory offense...

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