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You are here: Home1 / Criminal Law2 / BURGLARY SECOND COUNT DISMISSED AS A LESSER INCLUSORY COUNT OF THE TWO...
Criminal Law

BURGLARY SECOND COUNT DISMISSED AS A LESSER INCLUSORY COUNT OF THE TWO BURGLARY FIRST COUNTS (FOURTH DEPT).

The Fourth Department dismissed the burglary second count as a lesser inclusory count of the two burglary first counts:

…[C]ount three of the indictment, charging burglary in the second degree, must be dismissed as a lesser inclusory concurrent count of counts one and two, charging burglary in the first degree (see CPL 300.40 [3] [b] …). People v Smith, 2020 NY Slip Op 05643, Fourth Dept 10-9-20

 

October 9, 2020
Tags: Fourth Department
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2020-10-09 19:43:092020-10-09 19:43:09BURGLARY SECOND COUNT DISMISSED AS A LESSER INCLUSORY COUNT OF THE TWO BURGLARY FIRST COUNTS (FOURTH DEPT).
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