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People v. Holloman

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1976
51 A.D.2d 976 (N.Y. App. Div. 1976)

Opinion

March 1, 1976


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 14, 1973, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree and attempted assault in the first degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of robbery in the second degree and grand larceny in the third degree and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, robbery in the second degree and grand larceny in the third degree are lesser included offenses of robbery in the first degree (see CPL 300.40, subd 3, par [b]; People v Grier, 37 N.Y.2d 847; People v Phillips, 50 A.D.2d 937). Martuscello, Acting P.J., Christ, Shapiro, Titone and Hawkins, JJ., concur.


Summaries of

People v. Holloman

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1976
51 A.D.2d 976 (N.Y. App. Div. 1976)
Case details for

People v. Holloman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HOLLOMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1976

Citations

51 A.D.2d 976 (N.Y. App. Div. 1976)