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PEOPLE v. ALLEN

147 A.D.2d 352 (1989)

The People of the State of New York, Respondent, v. William Allen, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1989

As the People commendably concede, defendant could not be simultaneously convicted of assault in the first degree and the lesser included concurrent count of assault in the second degree. Upon defendant's conviction of assault in the first degree, the count of assault in the second degree ought to have been deemed dismissed (see, CPL 300.30 [3], [4]; 300.40 [3] [b]; see also, People v Beatty,

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