Judgment modified, on the law, by deleting therefrom the conviction and sentence for possession of a weapon, dangerous instrument and appliance under the sixth count of the indictment, and by dismissing said count. As so modified, judgment affirmed.
Under the facts of this case, the charge of possession of a weapon under the sixth count of the indictment (a tree branch) is inclusory in the conviction of assault in the second degree (CPL 1.20, subd 37). Where a verdict...
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