Judgment unanimously modified, on the law and the facts and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted after a jury trial of two counts of 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); resisting arrest (Penal Law, § 205.30) (intentionally preventing or attempting to prevent a peace officer from effecting...
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