Judgment modified, on the law, by reducing defendant's conviction to one of assault in the third degree and vacating the sentence imposed. As so modified, judgment affirmed and case remitted to the Supreme Court, Kings County, for the imposition of sentence and for further proceedings pursuant to CPL 460.50 (subd 5).
Defendant became involved in a fistfight between his codefendant and the complainant. Defendant did not know that his codefendant possessed a knife and...
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