Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The record lacks sufficient proof of any intent to cause physical injury, an essential element of the lesser included offense of assault in the third degree under the indictment in this case (which charged defendant with assault in the second degree). Similarly, there was insufficient...
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