From Casetext: Smarter Legal Research

People v. Martin

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1988
136 A.D.2d 509 (N.Y. App. Div. 1988)

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.


Summaries of

People v. Martin

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1988
136 A.D.2d 509 (N.Y. App. Div. 1988)
Case details for

People v. Martin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MARTIN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 26, 1988

Citations

136 A.D.2d 509 (N.Y. App. Div. 1988)

Citing Cases

People v. Dillon

The reference made by codefendant's counsel during summation that defendant grabbed the victim merely recited…