Judgment modified, on the law and the facts, by reducing the conviction for assault in the first degree (Penal Law, § 120.10, subd. 3) to assault in the third degree (Penal Law, § 120.00 subd. 2) and vacating the sentence on said conviction. As so modified, judgment affirmed and case remitted to the Criminal Term for resentence of defendant on the reduced conviction.
Although the People proved that while defendant was in an intoxicated condition he drove...
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