Judgment modified, on the law, by reducing the conviction of assault in the second degree to assault in the third degree and vacating the sentence imposed thereon. As so modified, judgment affirmed, and matter remanded to the Supreme Court, Queens County, for resentencing.
Defendant was indicted and charged with two counts of assault in the second degree, both arising from the same events. Each count named a different victim and charged that the defendant had inflicted...
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