¶ Judgment modified, on the law, by reversing the conviction of assault in the second degree as charged in the fifth count of the indictment and vacating the sentence imposed thereon, and that count of the indictment dismissed.
As so modified, judgment affirmed.
¶ The fifth count of the indictment charging defendant with assault in the second degree pursuant to subdivision 6 of section 120.05 of the Penal Law was an inclusory concurrent count of...
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