Judgment modified, on the law, by reversing the conviction of grand larceny in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Since (as the People concede) under CPL 300.30 (subd 4) grand larceny in the third degree is an inclusory concurrent count of robbery in the second degree, a conviction of the greater count is deemed a dismissal of the lesser count (see CPL 300.40, subd 3, par [b]). Accordingly...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.