Ordered that the judgment is modified, on the law, by reversing the convictions of attempted assault in the second degree (two counts), vacating the sentences imposed thereon, and dismissing counts one and two of the indictment. As so modified, the judgment is affirmed.
The defendant was charged with a number of offenses arising out of a shootout between himself and two police officers. The defendant had gained control of Police Officer Billy Nance's gun, while Nance...
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