People v. Fonseca

Defendant, while in possession of a stolen automobile and being pursued by police, struck a taxicab, injuring two occupants of the taxicab. Following :a trial, he was con*135victed of criminal possession of stolen property, two counts of felony assault, unauthorized use of a motor vehicle and possession of a dangerous instrument.

The principal question presented on this appeal is whether the felony of criminal possession of stolen property may serve as a predicate for a felony assault -conviction pursuant to subdivision 6 of section 120.05 of the Penal Law.*

The argument is made that the…