Judgment modified, on the law, by reversing the conviction of assault in the third degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed.
Under the facts of this case, the count charging assault in the third degree was an inclusory concurrent count of assault in the second degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense (see CPL 300.40,...
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.