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ASSAULT THIRD IS AN INCLUSORY CONCURRENT COUNT OF ASSAULT SECOND (SECOND DEPT).

The Second Department noted that assault third is an inclusory concurrent count of assault second:

… [T]he defendant’s conviction of assault in the third degree must be vacated as an inclusory concurrent count of assault in the second degree (see CPL 300.40[3][b]; Penal Law §§ 120.05[2]; 120.00[1] …). People v Cullins, 2020 NY Slip Op 07219, Second Dept 12-2-20

 

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