Opinion · Nylaw New York
PEOPLE v. MOORE, 71 A.D.2d 711 [3d Dept 1979]
PEOPLE OF THE STATE OF N.Y., Respondent, v. WILLIE MOORE, Appellant., 71 A.D.2d 711 (Appellate Division of the Supreme Court of New York, Third Department. 1979)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1979-07-12
- Topic
- general
PEOPLE v. MOORE, 71 A.D.2d 711 [3d Dept 1979] THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE MOORE, Appellant.Appellate Division of the Supreme Court of New York, Third Department. July 12, 1979 Appeal from a judgment of the County Court of Cortland County, rendered July 8, 1977, upon a verdict convicting defendant of the crimes of criminal possession of stolen property in the first degree and unauthorized use of a vehicle. We have examined the various issues raised by defendant on this appeal and conclude that none of them warrant a reversal of the judgment.
Citator
UpLaw has not yet analyzed PEOPLE v. MOORE, 71 A.D.2d 711 [3d Dept 1979]. The absence of a flag is not a finding that it is good law.
PEOPLE v. MOORE,71 A.D.2d 711[3d Dept 1979]
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE MOORE, Appellant.
Appellate Division of the Supreme Court of New York, Third Department.
Appeal from a judgment of the County Court of Cortland County, rendered July 8, 1977, upon a verdict convicting defendant of the crimes of criminal possession of stolen property in the first degree and unauthorized use of a vehicle. We have examined the various issues raised by defendant on this appeal and conclude that none of them warrant a reversal of the judgment. However, under the factual circumstances presented, we do agree with his contention that the crime of unauthorized use of a vehicle was a lesser included offense of criminal possession of stolen property in the first degree and the judgment should be modified accordingly (seePeople v. Turner,61 A.D.2d 845; CPL300.40, subd 3, par [b]). Judgment modified, on the law, by reversing so much thereof as convicted defendant of the crime of unauthorized use of a vehicle and imposed a sentence thereon, and, as so modified, affirmed. Mahoney, P.J., Greenblott, Kane, Main and Mikoll, JJ., concur.