People v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
Defendant has been convicted of two counts of burglary in the first degree — the first, under subdivision (2) of Penal Law § 140.30, charging him with causing physical injury to any person not a participant in the burglary, and the second, under subdivision (4), charging him with displaying what appears to be a firearm. These are "noninclusory concurrent counts” and we have no authority to vacate the conviction on one of the counts, as defendant requests.
A statutory provision that defines the offense named by providing in different subdivisions or paragraphs…
2Cases cited17 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BrownNew York Court of Appeals · 1986
- People v. PerrinAppellate Division of the Supreme Court of the State of New York · 1977
- People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. HaleNew York Supreme Court · 1997
- People v. LebronAppellate Division of the Supreme Court of the State of New York · 2003
- People v. ThomsonAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RodriguesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. NanceAppellate Division of the Supreme Court of the State of New York · 1992
6 more not listed; retrieve them via the Exa API.