Ordered that the judgment is modified, on the law, by reversing the defendant's conviction on the third count of the indictment charging him with reckless endangerment in the first degree, vacating the sentence imposed thereon, and that count of the indictment is dismissed; as so modified, the judgment is affirmed.
As the facts developed at trial, the defendant was involved in an altercation with a person named Shillingford during the early morning hours of August...
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