Judgment modified, on the law, by reversing the conviction of assault in the second degree and the sentence imposed thereon, and said count is dismissed. As so modified, judgment affirmed.
As the District Attorney concedes in his brief, assault in the second degree is, on the facts presented in the instant record, a lesser inclusory count of robbery in the second degree. Accordingly, the assault conviction must be reversed and said count must be dismissed. We find...
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