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PEOPLE v. ROTHMAN

117 A.D.2d 535 (1986)

The People of the State of New York, Respondent, v. Gary Rothman, Appellant The People of the State of New York, Respondent, v. Joseph Tekulve, Appellant

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

February 20, 1986

Defendants were each indicted for conspiracy in the fourth degree and two counts each of grand larceny and attempted grand larceny. Just prior to trial, the People, without recorded explanation, moved orally for dismissal of the attempted grand larceny counts. Defendants had no objection. The court granted the motion. At the close of proof, the court sua sponte stated it would charge attempted grand larceny as lesser included counts of the two grand larceny counts...

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