Judgment unanimously affirmed.
Memorandum:
In the course of a street altercation, defendant fired a handgun into a group of people causing serious injuries to the victim. He was indicted and convicted of assault in the first degree (Penal Law, § 120.10, subd 1) and criminal use of a firearm in the second degree (Penal Law, § 265.08). On this appeal, defendant for the first time argues that it was error to use the first degree assault charge —...
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