People v. Winston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLynch, J.
The defendant appeals his conviction, after a jury trial, of assault in the second degree, attempted grand larceny in the third degree and two counts of attempted robbery in the second degree. The District Attorney concedes and we agree that the attempted grand larceny would be dismissible as an inclusory concurrent count, under CPL 300.40, of the attempted robbery (People v Rivera, 46 AD2d 642).
Although there were other witnesses to the defendant’s flight from the crime area—a flight that the defendant testified was caused by panic when he realized that the victim thought that he was in…
2Cases cited8 opinions
- People v. DuffyNew York Court of Appeals · 1975
- People v. McKinneyNew York Court of Appeals · 1969
- People v. OchsNew York Court of Appeals · 1957
- People v. . BuzziNew York Court of Appeals · 1924
- People v. PetrucelliAppellate Division of the Supreme Court of the State of New York · 1974
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3Cited by6 opinions
- People v. McCannAppellate Division of the Supreme Court of the State of New York · 1982
- People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 1981
- People v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1977
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RoffAppellate Division of the Supreme Court of the State of New York · 1979
1 more not listed; retrieve them via the Exa API.