Ordered that the judgment is reversed, on the law, count six of the indictment, which charged the defendant with attempted assault in the second degree pursuant to Penal Law §§ 110.00 and 120.05 (3) is dismissed, and a new trial is ordered on the remaining counts.
In an appeal by the defendant from an unrelated judgment of conviction, this court determined that the trial court's ruling on the defendant's Sandoval motion was erroneous insofar as it...
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