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PEOPLE v. KING

148 A.D.2d 382 (1989)

The People of the State of New York, Respondent, v. Alonzo King, Appellant

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

March 23, 1989

As the People concede, under the circumstances of this case, attempted robbery in the third degree is a lesser included concurrent count of attempted robbery in the first degree (see, CPL 1.20 [37]; 300.30 [4]) and accordingly, the conviction of attempted robbery in the third degree must be dismissed. (CPL 300.40 [3] [b].)

Additionally, the People concede that defendant's sentence of 2 to 4 years on the attempted...

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