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People v. Thompson

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1977
59 A.D.2d 672 (N.Y. App. Div. 1977)

Opinion

October 13, 1977


Judgment, Supreme Court, Bronx County, rendered May 27, 1976, convicting defendant after jury trial of robbery, second degree, and assault, second degree, unanimously modified, on the law, to dismiss the assault count, and otherwise affirmed. On the facts of this case, the defendant could not have committed the robbery, second degree, of which he was convicted, without causing physical injury to one of the victims during the course of that felony — the foundation of the assault conviction. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser count. (Cf. People v Arroyo, 57 A.D.2d 523; People v Pyles, 44 A.D.2d 784. ) We have examined the other points raised by appellant and find them without merit.

Concur — Murphy, P.J., Lupiano, Birns and Lane, JJ.


Summaries of

People v. Thompson

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1977
59 A.D.2d 672 (N.Y. App. Div. 1977)
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD THOMPSON…

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

Date published: Oct 13, 1977

Citations

59 A.D.2d 672 (N.Y. App. Div. 1977)

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