Judgment modified, on the law, by reducing the conviction of assault in the first degree to assault in the second degree, and vacating the sentence imposed thereon. As modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
This case involves the holdup of a Brooklyn social club during which one person was killed and another was injured by a gunshot wound to the leg. As police arrived at the scene...
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