Judgment unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to a three-year period of probation and, as modified, the judgment is affirmed and matter remitted to Erie County Court, for further proceedings, in accordance with the following memorandum:
Defendant was indicted for the crimes of assault in the first degree, assault in the second degree, and possession of a weapon in the fourth degree, arising out of an altercation...
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