Opinion
January 26, 1988
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant correctly asserts, and the People concede, that it is impossible to commit the crime of robbery in the second degree under Penal Law § 160.10 (2) (a) without also committing, by the same conduct, assault in the second degree pursuant to Penal Law § 120.05 (6). Thus, since assault in the second degree is a lesser included offense of robbery in the second degree (CPL 300.50), defendant's conviction thereon must be reversed and that count dismissed (People v McGlynn, 129 A.D.2d 740; People v Newland, 109 A.D.2d 661; People v Boyd, 102 A.D.2d 774). We have considered defendant's other contentions and find no further reversible error.
Concur — Kupferman, J.P., Milonas, Kassal, Rosenberger and Ellerin, JJ.