People
v.
Lee

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentOct 11, 2001
731 N.Y.S.2d 362 (N.Y. App. Div. 2001)
731 N.Y.S.2d 362287 A.D.2d 299

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October 11, 2001.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered May 18, 2000, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 7 years to run concurrently with defendant's sentence upon a judgment rendered October 8, 1997, convicting defendant of robbery in the first degree under the same indictment, unanimously affirmed.

Donna Krone, for respondent.

Carol A. Zeldin, for defendant-appellant.

Before: Nardelli, J.P., Lerner, Rubin, Saxe, Marlow, JJ.


Upon remand from this Court ( 271 A.D.2d 258), the trial court reinstated the verdict convicting defendant of robbery in the second degree and imposed sentence on that conviction. Defendant has not established that the interest of justice would be served by dismissal of the second-degree robbery count as a non-inclusory concurrent count of first-degree robbery (see, CPL 470.15[c],[6]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.