People v. Fitzpatrick

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered March 12, 1990, upon a verdict convicting defendant of the crimes of assault in the second degree and attempted robbery in the second degree.

Defendant and his codefendant, Mark Morrett, were charged in a 10-count indictment with, inter alia, first degree burglary (Penal Law § 140.30 [2]), first degree assault (Penal *973Law § 120.10 [1], [3], [4]), second degree assault (Penal Law § 120.05 [1]), attempted first degree robbery (Penal Law §§ 110.00, 160.15 [1]) and attempted second degree robbery (Penal Law §§…