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People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1986
118 A.D.2d 439 (N.Y. App. Div. 1986)

Opinion

March 11, 1986

Appeal from the Supreme Court, New York County (Albert P. Williams, J.).


Defendant correctly contends, and the People concede, that since both counts herein concern the same transaction, the crime of criminal possession of a weapon in the third degree for possessing a loaded firearm is a lesser included offense of criminal possession of a weapon in the second degree for possessing a loaded firearm with the intent to use it unlawfully against another. (People v. Jackson, 111 A.D.2d 648.) Consequently, defendant is entitled to dismissal of his conviction for criminal possession of a weapon in the third degree and vacatur of the sentence imposed thereon.

Concur — Sullivan, J.P., Fein, Lynch, Milonas and Kassal, JJ.


Summaries of

People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1986
118 A.D.2d 439 (N.Y. App. Div. 1986)
Case details for

People v. Montalvo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC MONTALVO…

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

Date published: Mar 11, 1986

Citations

118 A.D.2d 439 (N.Y. App. Div. 1986)