Judgment modified, on the law, by reducing the conviction of assault in the first degree to one of assault in the second degree, and by vacating the sentence imposed thereon. As so modified, judgment affirmed and case remitted to Criminal Term for resentence in accordance herewith.
Section 120.10 of the Penal Law provides: "A person is guilty of assault in the first degree when: * * * 2. With intent to disfigure another person seriously and permanently, or to destroy...
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