The question posed is whether one may be charged with felony assault when the underlying felony is the same assault. The answer is that one may not.
Defendant is charged in the first count with assault in the first degree (Penal Law § 120.10 [1]) in that, with intent to cause serious physical injury to one David Beam, he caused such injury to Beam by stabbing him with a knife. The second count charges assault in the...
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