Legal Opinion
People v. Diaz
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1977PublishedCited by 7 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County, rendered October 15, 1974, convicting defendant-appellant of robbery (second degree), grand larceny (third degree), and the misdemeanor of possession of a weapon, unanimously modified, on the law, to dismiss the larceny and weapon counts, and otherwise affirmed. "Defendant, on the facts of this case, could not have committed the robbery without also committing the grand larceny, the counts being inclusory and concurrent (CPL 300.30, subd 4; People v Hayes, 43 AD2d 99, affd 35 NY2d 907). Where the verdict is comprised of inclusory concurrent counts a…
2Cases cited3 opinions
- People v. GrierNew York Court of Appeals · 1975
- People v. HayesNew York Court of Appeals · 1974
- People v. HayesAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by7 opinions
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1977
- People v. OrrAppellate Division of the Supreme Court of the State of New York · 1977
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1977
- People v. DeasAppellate Division of the Supreme Court of the State of New York · 1977
- People v. DockeryAppellate Division of the Supreme Court of the State of New York · 1978
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