¶ Judgment modified, on the law, by reversing the conviction of reckless endangerment in the first degree, vacating the sentence imposed thereon and said count of the indictment is dismissed. As so modified, judgment affirmed.
¶ The People concede, with commendable candor, that reckless endangerment in the first degree is a lesser included offense of assault in the first degree. Hence, conviction of the greater assault charge must result in dismissal of the lesser reckless endangerment charge (see CPL 300.40, subd 3, par [b]). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.