Ordered that the judgment is modified, on the law, by vacating the sentence imposed upon the eighth count of the indictment charging attempted assault in the first degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for imposition of a sentence upon the sixth count of the indictment charging criminal possession of a weapon in the second degree.
Although the Trial Judge did not state, prior to the defense...
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