Although Attempted Assault in the Third Degree is a lesser-included offense of Attempted Assault in the Second Degree, see People v. Santos, 982 N.Y.S.2d 183, 184 (A.D.2d Dep't 2014), Daniels does not raise a double jeopardy argument on this point. In any event, habeas relief would be unavailable on such a claim because his sentences are running concurrently.

People v. Kelly Santos2d Dept.: 115 A.D.3d 993, 982 N.Y.S.2d 183 (Orange)Denied.

Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 2d Dept: 115 AD3d 993 (Orange)