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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLLIE POUNDS, Also Known as JAMES HORNSBY, Also Known as L.W. POUNDS, Appellant.

Judgment, Supreme Court, Bronx County, rendered May 31, 1974, unanimously modified, on the law, to reverse the conviction of the crime of petit larceny, and otherwise affirmed. As the District Attorney concedes, upon the facts of this case defendant's conviction on the robbery charge necessarily requires a dismissal of the inclusory concurrent count of petit larceny. (People v Grier, 37 N.Y.2d 847.) We have considered the other points urged by the appellant and find them without merit.

Concur — Markewich, J.P., Kupferman, Murphy, Nunez and Yesawich, JJ.

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PEOPLE v. POUNDS
(Dec 23, 1975)