Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the third degree, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The People correctly concede that assault in the third degree is a lesser-included offense of assault in the second degree. We thus vacate the conviction on that lesser-included offense (see People v Cureton,
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.