Judgment affirmed, and matter remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The indictment charged the defendant with assault in the first degree, both as a principal actor and as an aider and abettor. Although no evidence was produced at the trial that the defendant personally assaulted one of the two victims, and only weak evidence was presented that he struck the other victim, there was, nonetheless, sufficient...
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