Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as modified, affirmed and defendant remanded to Monroe County Court for resentencing.
Memorandum:
There is insufficient evidence in the record to support the jury's determination that either of the victims sustained "serious physical injury" (Penal Law, § 10.00, subd 10). The opinion of the physician testifying for the prosecution was conjectural and based upon too...
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