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People v. Newland

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1985
109 A.D.2d 661 (N.Y. App. Div. 1985)

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.


Summaries of

People v. Newland

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1985
109 A.D.2d 661 (N.Y. App. Div. 1985)
Case details for

People v. Newland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK NEWLAND…

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

Date published: Mar 19, 1985

Citations

109 A.D.2d 661 (N.Y. App. Div. 1985)

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