Majority
p. 1076The People of the State of New York, Respondent, v Karon Ronald White, Appellant.
Judgment unanimously modified on the law in accordance with memorandum, and as modified, affirmed. Memorandum: Defendant’s conviction of grand larceny in the third degree constitutes a lesser included offense to his conviction of robbery in the second degree on the facts of this case (see People v Acevedo, 40 NY2d 701 ). Accordingly, the grand larceny in the third degree conviction is reversed and the count dismissed (see People v Grier, 37 NY2d 847 ). (Appeal from judgment of Onondaga County Court — robbery, second degree, etc.) Present — Moule, J. P., Simons, Dillon, Goldman and Witmer, JJ.
Cases cited
- People v. Acevedo 40 NY2d 701 p. 1076
- People v. Grier 37 NY2d 847 p. 1076