Judgment modified, on the law, by reversing the conviction of assault in the second degree and vacating the sentence imposed thereon. As so modified, judgment affirmed and matter remitted to the County Court, Nassau County, for further proceedings consistent herewith.
Defendant was indicted for assault in the second degree (Penal Law, § 120.05, subd 2) and criminal possession of a weapon in the third degree. On this appeal, he contends that it was error for the...
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