People v. Jenkins

Judgment of conviction, Supreme Court, New York County, rendered June 22, 1973, modified, on the law, to vacate the count of grand larceny, third degree, and otherwise affirmed. The larceny count is a lesser included count in the robbery charge, and conviction of the more serious charge disposes of the other. (See People v Pyles, 44 AD2d 784; CPL 300.40, subd. 3, par. [b].) While our dissenting brother concurs insofar as we have modified, he would reverse and remand for trial anew because of the joint trial on two disparate charges. As the dissenter himself recognizes, the controlling law is…