69 A.D.2d 823 | N.Y. App. Div. | 1979
Appeal by defendant from a judgment of the County Court, Nassau County, rendered July 21, 1977, convicting him of grand larceny in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Both the appellant and one William H. Tuck were charged in a four-count indictment with the crimes of robbery in the first and second degrees, grand larceny in the second degree and criminal possession of a weapon in the third degree. The first three counts related to a certain bank robbery. The fourth count stemmed from the fact that when the appellant was arrested within one hour following the robbery, he had in his possession a defaced and loaded semiautomatic gun. The appellant was arrested when he returned a rented automobile, but Tuck, who was a passenger in the car, eluded the police at that time. Approximately 45 to 50 minutes thereafter, Tuck was arrested as he alighted from a taxicab near his home, and he was found to be in possession of a large sum of money. When arrested, the appellant also had in his possession a considerable amount of money. After a severance and a separate trial, the jury returned a verdict finding the appellant guilty of the third and fourth counts (grand larceny and possession of a weapon) and not guilty of the first two counts (robbery). The appellant was sentenced to two consecutive indeterminate prison terms, each with a minimum of three and one-half years and a maximum of seven years. On appeal, the appellant claims that the verdict of not guilty of robbery and guilty of grand larceny is inconsistent and repugnant. Each
