Judgment unanimously modified by vacating the sentence of imprisonment for one year in the Erie County Penitentiary and the fine of $500 imposed on the count charging assault in the third degree, and as so modified judgment of conviction affirmed.
Memorandum:
The appellant was convicted of second degree assault under subdivision 5 of section 242 of the Penal Law for assault on an officer, with intent to prevent the execution of a search warrant. He was also...
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