People v. Davis

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 24, 1976, convicting him of robbery in the second degree 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. Under the facts of this case, assault in the second degree was an inclusory concurrent count of robbery in the second degree. Accordingly, the assault conviction must be reversed and…