Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum:
The evidence in this circumstantial evidence case was not legally sufficient to support defendant's conviction of assault in the first degree (see, Penal Law § 120.10 [3]). The proof, when viewed in the light most favorable to the prosecution, shows that the victim sustained serious physical injury as a result of "severe, blunt trauma to the...
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