People v. Solomon

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1977-03-03
Citations: 56 A.D.2d 751, 392 N.Y.S.2d 27, 1977 N.Y. App. Div. LEXIS 11000
Copy Citations
2 Citing Cases
Lead Opinion

Judgment, Supreme Court, New York County, rendered May 19, 1975, convicting defendant, upon a jury verdict, of two counts of robbery in the second degree, burglary in the second degree, and possession of a weapon as a felony, and sentencing him to concurrent terms of 5 to 10 years on the robbery and burglary counts, with a concurrent term of 2 Vi to 5 years on the possession count, unanimously modified, on the law, the conviction for possession of a weapon as a felony reversed, the sentence imposed thereon vacated, and that count of the indictment dismissed, and, as so modified, affirmed. Proof of guilt is

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overwhelming and conclusive. Defendant’s claims of errors at trial are without foundation. However, the conviction for possession of a weapon as a felony must be reversed as an inclusory concurrent count of robbery in the second degree, People v Pyles (44 AD2d 784). Concur—Lupiano, J. P., Capozzoli, Nunez and Markewich, JJ.