AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FLOWERS, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered February 28, 1974, convicting him of robbery in the first degree and possession of weapons, etc., as a felony, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of possession of weapons, etc., as a felony, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. Under the facts of this case, appellant could not have committed the crime of robbery in the first degree without also having committed the crime of possession of weapons, etc., as a felony. The lesser included count must therefore be dismissed (see People v Strawder, 54 A.D.2d 743). Hopkins, Acting P.J., Cohalan, Damiani and Hawkins, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. FLOWERS
(Feb 28, 1977)