Judgments modified, on the law, by reversing the convictions of assault in the second degree, under count four of the indictment, and conspiracy in the second degree, count seven, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgments affirmed, and case remitted to the County Court, Dutchess County, for further proceedings pursuant to CPL 460.50 (subd 5).
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