In People v. DiLapo, 14 NY2d 170, 199 N.E.2d 361, 250 N.Y.S.2d 261 (1964), defendant claimed that an attempted robbery and an assault consisted of one act - the firing of a shot at the victim by the defendant.

The Court held that it was possible to say that there were separate acts.

The attempted robbery was committed when defendant, assisted by accomplices actually present, attempted to take property from the person of another.

The assault consisted of defendant's act of immediately thereafter firing a shot at the victim with intent to kill.