PEOPLE v. NEWLAND

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.