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PEOPLE v. JONES

101 A.D.2d 738 (1984)

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

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

May 3, 1984

¶ As the defendant correctly contends, and the People do not dispute, the conviction for petit larceny must be set aside since it is a lesser included offense of the robbery charges. (People v Grier, 37 N.Y.2d 847.) Based upon the facts of this case, the defendant could not have committed the robbery without also committing the larceny, the counts being inclusory and concurrent. ¶ Judgment of the Supreme Court, Bronx County...

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