Judgment unanimously modified, on the law, and a new trial granted in accordance with memorandum, and, as modified, affirmed.
Memorandum:
Following an unsuccessful attempt to cash food stamps at a local supermarket, defendant was arrested for verbally and physically assaulting security guard and police officers. Defendant was charged with attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and related crimes for firing a gun at...
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