People v. White
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law in accordance with memorandum, and as modified, affirmed. Memorandum: Defendant’s conviction of grand larceny in the third degree constitutes a lesser included offense to his conviction of robbery in the second degree on the facts of this case (see People v Acevedo, 40 NY2d 701). Accordingly, the grand larceny in the third degree conviction is reversed and the count dismissed (see People v Grier, 37 NY2d 847). (Appeal from judgment of Onondaga County Court — robbery, second degree, etc.) Present — Moule, J. P., Simons, Dillon, Goldman and Witmer, JJ.
2Cases cited2 opinions
- People v. GrierNew York Court of Appeals · 1975
- People v. AcevedoNew York Court of Appeals · 1976
3Cited by1 opinion
- People v. McTyereAppellate Division of the Supreme Court of the State of New York · 1982