People v. Davis

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 18, 1978, convicting him of robbery in the second degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The Court of Appeals stated in People v Grier (37 NY2d 847, 848), that "Where the verdict is comprised of inclusory concurrent counts a verdict of guilty on the greatest…