—Appeal from a judgment of Ontario County Court (Henry, Jr., J.), entered July 26, 2000, convicting defendant after a nonjury trial of, inter alia, robbery in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing defendant’s conviction of assault in the second degree under the second count of the indictment, vacating the sentence imposed thereon and dismissing the second count of the indictment and as modified the judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting her following a bench trial of robbery in the second degree (Penal Law § 160.10 [2] [a]) and assault in the second degree (Penal Law § 120.05 [6]). As the People correctly concede, the assault conviction cannot stand because the assault count is an inclusory concurrent count of the robbery count (see, CPL 300.30 [4]; 300.40 [3] [b]; People v Brinson, 216 AD2d 900, 901, lv denied 87 NY2d 844; People v Patterson, 192 AD2d 1083). We therefore modify the judgment by reversing defendant’s conviction of assault in the second degree under the second count of the indictment, vacating the sentence imposed thereon and dismissing that count. In view of our decision, we do not address defendant’s remaining challenges to the assault conviction.
We reject the contention of defendant that County Court