Judgment modified, on the law, by reversing the conviction of assault in the second degree and the sentence imposed thereon. As so modified, judgment affirmed and case remanded to the Supreme Court, Kings County, for a new trial under Count No. 1 of the indictment in accordance herewith.
At trial, over defense counsel's objection, the court refused to charge down from second degree assault (Penal Law, § 120.05, subd 4 ["reckless" assault]) to third degree assault...
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