Motion to restore appeal to the calendar granted, and upon restoration, the judgment of the County Court of Chemung County, convicting defendant of the crime of assault in the second degree in violation of subdivision 5 of section 242 of the Penal Law, and sentencing him to an indefinite term in accordance with article 3-A of the Correction Law, is affirmed. The findings of fact implicit in the verdict of the jury and the exercise of discretion...
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