Judgment affirmed.
Although defendant argues, and the People concede, that his conviction of assault in the second degree, under the eighth count of the indictment should be reversed, and said count of the indictment dismissed as an inclusory concurrent count of burglary in the second degree, a review of the sentence minutes and the clerk's extract reveals that the eighth count of the indictment was dismissed by the trial court. The assault of which the defendant...
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