Opinion
March 19, 1985
Appeal from the Supreme Court, New York County, Thomas Dickens, J., Clifford Scott, J.
Pursuant to CPL 300.50, assault in the second degree is a lesser included offense of robbery in the second degree which, by definition, is committed when an individual forcibly steals property and causes physical injury to a person who is not a participant in the crime (Penal Law § 160.10 [a]). Since defendant's conviction for robbery in the second degree necessarily encompasses the crime of assault in the second degree ( People v. Boyd, 102 A.D.2d 774), his conviction for second degree assault should be reversed and that count dismissed.
Concur — Sandler, J.P., Sullivan, Milonas and Kassal, JJ.