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.
On the facts of this case, the defendant could not have committed robbery in the second degree, predicated upon physical injury caused to the victim, without also having committed assault in the second degree. The assault conviction is an inclusory concurrent count of the robbery...
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.