PEOPLE v. ELBING


72 A.D.2d 751 (1979)

The People of the State of New York, Respondent, v. Terrence Elbing, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 5, 1979


Judgment modified, on the law, by reversing the conviction of assault in the first degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The assault charge must be dismissed pursuant to CPL 300.40 (subd 3, par [b]).

We have considered defendant's other contentions and find them to be...

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