Majority
p. 669The People of the State of New York, Respondent, v Joseph Durante, Also Known as Joey Nibbs, Appellant.
Judgment, Supreme Court, Bronx County, rendered April 4, 1975, convicting defendant of two counts of robbery, first degree, and possession of a weapon as a misdemeanor, unanimously modified, on the law, to dismiss the weapon count, and otherwise affirmed. On the facts of this case, possession of a weapon as a misdemeanor was an inclusory concurrent count. The verdict of guilt on the robbery is deemed a dismissal of the lesser count. (People v Grier, 37 NY2d 847 ; CPL 300.30, subd [4]; People v Orr, 59 AD2d 600 .) We have examined the other points raised by appellant and find them without merit. Concur—Kupferman, J. P., Lupiano, Birns and Lane, JJ.
Cases cited
- People v. Grier 37 NY2d 847 p. 669