People v. Cobb
| Citation | 2016 N.Y. Slip Op. 08245,145 A.D.3d 738,42 N.Y.S.3d 342 |
| Parties | The PEOPLE, etc., respondent, v. Marcel J. COBB, appellant. |
| Decision Date | 07 December 2016 |
| Court | New York Supreme Court Appellate Division |
145 A.D.3d 738
42 N.Y.S.3d 342
2016 N.Y. Slip Op. 08245
The PEOPLE, etc., respondent,
v.
Marcel J. COBB, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 7, 2016.
Mark Diamond, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
RUTH C. BALKIN, J.P., THOMAS A. DICKERSON, SYLVIA O. HINDS–RADIX, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered February 24, 2011, convicting him of robbery in the first degree, robbery in the second degree, and robbery in the third degree (four counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant seeks to have his conviction for robbery in the third degree, as charged under count three of the indictment, dismissed on the ground that it is an inclusory concurrent count of the crime of robbery in the second degree, as charged
under count two of the indictment (see CPL 300.30[4] ). CPL § 300.40(3)(b) provides that, with respect to inclusory concurrent counts, “[a] verdict of guilty upon the greatest count submitted is deemed a dismissal of every lesser count submitted.” The defendant's reliance on article 300 of the CPL is misplaced, however, as that article “deals only with trials, and has no application to convictions obtained on [a] plea of guilty” (People v. Walton, 41 N.Y.2d 880, 880–881, 393 N.Y.S.2d 979, 362 N.E.2d 610 ). In contrast, CPL 220.10(2) provides that, with exceptions not relevant here, “the defendant may as a matter of right enter a plea of ‘guilty’ to the entire indictment.” Here, as part of the negotiated plea agreement, the defendant pleaded guilty to the entire...
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...verdict of guilty upon the greatest count submitted is deemed a dismissal of every lesser count submitted" (accord People v. Cobb, 145 A.D.3d 738, 739, 42 N.Y.S.3d 342 [2016], lv denied 29 N.Y.3d 947, 54 N.Y.S.3d 378, 76 N.E.3d 1081 [2017] ). Even assuming, without deciding, that counts 3 a......
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