Opinion
July 9, 1984
Appeal by defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered March 18, 1982, convicting him of robbery in the first degree (two counts), assault in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.
¶ Judgment modified, on the law, by reversing the conviction of assault in the first degree, and the sentence imposed thereon is vacated. As so modified, judgment affirmed.
¶ The trial court erred in submitting to the jury the crime of assault in the first degree as a lesser included offense of attempted murder (see People v. Simon, 96 A.D.2d 1086, 1087). Such error was preserved for review as defendant made a timely objection thereto (see People v. Ford, 62 N.Y.2d 275). Thompson, J.P., Bracken, Rubin and Boyers, JJ., concur.