SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 11, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GENERAL HARRIS, APPELLANT
Concur -- Eager, J. P., Steuer, Capozzoli, McGivern and Rabin, JJ.
The defendant was found guilty of robbery in the first degree and criminally possessing a pistol, after prior conviction. The prior conviction, however, has been vacated. Consequently, the conviction of criminally possessing a pistol should be designated as a misdemeanor, rather than a felony. However, since the defendant was given a suspended sentence on the charge of possession of a pistol, such sentence need not now be disturbed.
Judgment convicting the appellant of robbery in the first degree, and of criminally possessing a pistol, after prior conviction, unanimously modified, on the law, to reduce the conviction on the latter count to possession of a pistol, as a misdemeanor, and as modified the judgment is affirmed.
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