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PEOPLE v. COBB

2011-02450, Ind. No. 2240-10.

145 A.D.3d 738 (2016)

2016 NY Slip Op 08245

42 N.Y.S.3d 342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCEL J. COBB, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 7, 2016.

Ordered that the judgment is affirmed.

The defendant seeks to have his conviction for robbery in the third degree, as charged under count three of the indictment, dismissed on the ground that it is an inclusory concurrent count of the crime of robbery in the second degree, as charged under count two of the indictment (see CPL 300.30 [4]). CPL 300.40 (3) (b) provides that, with respect to inclusory concurrent counts...

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