Judgment modified, on the law, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Under the facts of this case, assault in the second degree was an inclusory concurrent count of robbery in the second degree. Accordingly, the assault conviction must be reversed and the said count dismissed. Were it not for the overwhelming evidence of guilt in this case,...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.