People v. Washington

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Washington, 400 N.Y.S.2d 43, 60 A.D.2d 530 (N.Y. App. Div. 1977)
• Decision Date: 13 December 1977
• Parties: The PEOPLE of the State of New York, Respondent, v. Robert WASHINGTON, Defendant-Appellant.

Page 43

400 N.Y.S.2d 43

60 A.D.2d 530

The PEOPLE of the State of New York, Respondent, v. Robert WASHINGTON, Defendant-Appellant.

Supreme Court, Appellate Division, First Department.

Dec. 13, 1977.

R. O. Nidel, New York City, for respondent.

D. Budzanoski, New York City, for defendant-appellant.

Before MURPHY, P. J., and BIRNS, EVANS and LANE, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County, rendered November 7, 1974, convicting defendant after jury trial of robbery in the first degree, grand larceny in the second degree and possession of a weapon as a misdemeanor and possession of a weapon as a felony, unanimously modified on the law to reverse the convictions for grand larceny in the second degree and possession of a weapon as a misdemeanor, to vacate the sentences thereon and to dismiss those counts, and otherwise affirmed.

Defendant, on the facts of this case, could not have committed the robbery in the first degree without also committing the grand larceny, second degree and possession of the weapon as a misdemeanor, said counts being inclusory and concurrent. CPL § 300.30, subd. 4; CPL § 300.40, subd. 3, P (b); People v. Grier, 37 N.Y.2d...