People v. Batista
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
lant. Appeal by from a judgment of the Supreme Court, Kings County (Berkowitz, J.), rendered April 5, 1982, convicting him of robbery in the second degree and petit larceny, upon a jury verdict, and imposing sentence.
Judgment modified, on the law, by vacating defendant’s conviction of petit larceny and the sentence imposed thereon. As so modified, judgment affirmed.
As the District Attorney concedes, the verdict convicting defendant of both robbery in the second degree and petit larceny is improper. Under the facts of this case, petit larceny was an "inclusory concurrent count” (CPL 300.30…
2Cases cited18 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- People v. CrimminsNew York Court of Appeals · 1975
- Douglas v. AlabamaSupreme Court of the United States · 1965
- People v. SandovalNew York Court of Appeals · 1974
- People v. SchwartzmanNew York Court of Appeals · 1969
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3Cited by25 opinions
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1993
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1987
- People v. MemmingerAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WhaulAppellate Division of the Supreme Court of the State of New York · 2009
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