Judgment convicting defendant of the crime of assault in the second degree (Penal Law, § 242, subd. 5), and sentencing him to imprisonment for a term not less than two years and six months nor more than three years unanimously modified on the law and the facts, by reducing the degree of crime of which appellant is convicted to assault in the third degree (Penal Law, § 244); and the sentence is modified to the extent of ordering that defendant be sentenced to serve...
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