Judgment modified, on the law and as a matter of discretion in the interest of justice, by reversing the conviction of assault in the second degree as charged in the third count of the indictment, and vacating the sentence imposed thereon, and that count of the indictment dismissed. As so modified, judgment affirmed.
The third count of the indictment charging the defendant with assault in the second degree, pursuant to Penal Law § 120.05 (6), was an inclusory...
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