Judgment unanimously reversed, on the law and facts, and indictment dismissed.
Memorandum:
Defendant and another were indicted on several counts of felony assault and criminal possession of a weapon. After a nonjury trial the court found the codefendant not guilty under all counts and found defendant not guilty of the counts charged in the indictment but guilty of a lesser included offense of assault in the third degree under subdivision 3 of section 120.00...
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