People v. Bailey

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered November 29, 2005, convicting him of robbery in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

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

As the People correctly concede, the defendant’s conviction of assault in the…