Judgment modified, on the law, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
As the People concede in their brief, on the facts of this case defendant could not have committed burglary in the first degree, predicated upon physical injury caused to the victim, without also having committed assault in the second degree. Thus, that assault conviction is...
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