Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: Defendant, charged with four counts of assault, second degree, arising out of an incident in which he and three friends beat two men into unconsciousness, appeals from his conviction after a jury trial of two counts of assault, second degree (Penal Law, § 120.05, subd 1), and one count of assault, third degree (Penal Law, § 120.00, subd 1). He argues that his conviction...
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