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People v. Mabee

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 509 (N.Y. App. Div. 2002)

Opinion

2000-10354

Submitted November 19, 2002.

December 16, 2002.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered October 24, 2000, convicting him of murder in the second degree, manslaughter in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Lisa H. Blitman, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the judgment is modified, on the law, by vacating the conviction of manslaughter in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Since "the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest count is deemed a dismissal of every lesser count" (People v. Grier, 37 N.Y.2d 847, 848). Accordingly, as the People correctly concede, the defendant's conviction of manslaughter in the second degree must be vacated, and that count of the indictment dismissed (see People v. Rivera, 268 A.D.2d 538, 539).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

PRUDENTI, P.J., FLORIO, FRIEDMANN and ADAMS, JJ., concur.


Summaries of

People v. Mabee

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 509 (N.Y. App. Div. 2002)
Case details for

People v. Mabee

Case Details

Full title:THE PEOPLE, ETC., respondent, v. HAROLD HARRY MABEE, appellant

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

Date published: Dec 16, 2002

Citations

300 A.D.2d 509 (N.Y. App. Div. 2002)
750 N.Y.S.2d 893

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