Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.
The complaining witness testified that the defendant bit him on the hand during the course of a robbery. He went to a hospital where superficial lesions on his hand were cleaned and a tetanus shot administered. The complainant received...
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