People v. Bianca

OPINION OF THE COURT

Eugene R. Canudo, J.

The defendants, Michael R. Bianca, Nicholas J. Bianca, and Nicholas F. De Bello, accused by Indictment No. 2770/79 of two counts of robbery in the first degree, join in moving for dismissal of the second count inasmuch as both counts are based on the commission of a single criminal transaction.

*359The affirmation of Marshall Trager, Esq., counsel for the defendant Nicholas J. Bianca, cites People v Player (80 Misc 2d 177) in support of the motion, and asserts that commission of multiple counts of robbery is acceptable where the counts are identical except…