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Court of Appeals – Multiplicitous convictions: People v. Greene
Daily Record Staff//February 27, 2024//
Court of Appeals – Multiplicitous convictions: People v. Greene
Daily Record Staff//February 27, 2024//
New York State Court of Appeals
Multiplicitous convictions
Remedy
No. 43 SSM 10
Memorandum
Background: The defendant was charged with grand larceny and perjury. He was convicted of two counts of perjury, which was deemed multiplicitous by the Appellate Division.
Ruling: The Court of Appeals held that when a defendant is convicted of multiplicitous charges, the proper remedy is vacatur of all but one of the multiplicitous convictions and dismissal of those counts of the indictment, regardless of whether that corrective action has any effect on the defendant’s sentence.
Margaret E. Knight for the appellant; Philip V. Tisne, for the respondent.
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