The findings of fact are affirmed. Pursuant to the remand we have considered whether to reduce the judgment of conviction to assault in the third degree (under former Penal Law, § 244, subd. 1) and have concluded that upon the record herein such reduction would not be proper. Althougth the assault count of the indictment merely charged the crime of assault with intent to commit a felony, the trial court's charge thereon, to which no exception was taken, was that defendant...
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