PEOPLE v. HUTSON


43 A.D.3d 959 (2007)

841 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINDEL HUTSON, Appellant.

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

Decided September 11, 2007.


Ordered that the judgment is modified, on the law, by vacating the convictions of robbery in the third degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

As correctly conceded by the People, the two counts of robbery in the third degree were inclusory concurrent counts of the two counts of robbery in the second degree (see CPL 300.30 [4]; People v Curry,

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