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PEOPLE v. MADDEN

74 A.D.2d 546 (1980)

The People of the State of New York, Respondent, v. Claude Madden, Appellant

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

February 26, 1980

In the circumstances disclosed by the evidence in this case, the count charging criminal possession of stolen property in the second degree was an inclusory concurrent count, all the elements of which were necessarily included in the robbery charges of which defendant was found guilty (CPL 300.30, subd 4). Indeed, upon argument, the People so conceded. As such the conviction on the robbery counts "is deemed a dismissal of every lesser...

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