Judgment modified, on the law, by reducing the conviction to one of reckless endangerment in the second degree and by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Queens County, for resentence.
In order to prove defendant's guilt of reckless endangerment in the first degree under Penal Law § 120.25, the prosecution was required to demonstrate: (1) that the defendant's reckless conduct was of an extreme...
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