Judgment modified, on the law, by reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, judgment affirmed.
The complaining witness testified that he was struck by a bullet which caused a "deep scratch". He went home and treated his bleeding wound with large gauze bandages before going to the police station to report the incident. Complainant did not seek any professional...
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