People v. O'Brien
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLynch, J.
The defendant O’Brien and two codefendants, McClendon and Wilson, were convicted after a jury trial of robbery in the second degree, grand larceny in the third degree and petit larceny. This court affirmed Wilson’s and McClendon’s robbery conviction but reversed and dismissed the grand and petit larceny charges (People v Wilson, 48 AD2d 638). The prosecuting attorney concedes that there is no evidence to establish O’Brien’s guilt of grand larceny and that petit larceny would be a lesser included crime were the robbery affirmed. (See People v Pyles, 44 AD2d 784.) O’Brien appeals his conviction…
2Cases cited6 opinions
- People v. PylesAppellate Division of the Supreme Court of the State of New York · 1974
- People v. . RazeziczNew York Court of Appeals · 1912
- People v. ReginaNew York Court of Appeals · 1966
- People v. WhiteNew York Court of Appeals · 1957
- People v. FellmanAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by5 opinions
- People v. BonillaAppellate Division of the Supreme Court of the State of New York · 1983
- People v. TuckerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ZayasAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BonillaAppellate Division of the Supreme Court of the State of New York · 1983
- People v. LoveAppellate Division of the Supreme Court of the State of New York · 1984