Opinion
February 17, 1977
Judgment, Supreme Court, New York County, rendered September 5, 1974, convicting defendant-appellant of, inter alia, robbery, first degree, and grand larceny, third degree, unanimously modified, on the law, to dismiss the larceny count, 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 A.D.2d 99, affd 35 N.Y.2d 907). Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count (CPL 300.40, subd 3, par [b])." (People v Grier, 37 N.Y.2d 847, 848.)
Concur — Stevens, P.J., Lupiano, Birns, Capozzoli and Markewich, JJ.