People v. Cantarero

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered July 12, 1996, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the second degree, vacating the *482sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The conviction for assault in the second degree for intent to cause serious physical injury is a lesser-included offense of…