Judgment unanimously modified, on the law, and, as modified, affirmed in accordance with the following memorandum: Defendant was convicted after a jury trial of the first three counts of a four-count indictment — assault in the second degree (Penal Law, § 120.05, subd 3) (causing physical injury to a peace officer with intent to prevent him from performing a lawful duty), criminal possession of a weapon in the fourth degree (Penal Law, § 265.01) and resisting...
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