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PEOPLE v. JORDAN

175 A.D.2d 649 (1991)

The People of the State of New York, Respondent, v. Richard D. Jordan, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1991

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing, in accordance with the following Memorandum: Defendant's conviction for assault in the first degree was not repugnant to his acquittal of criminal possession of a weapon in the third degree. Viewing the elements of each offense, as charged by the court (see, People v Loughlin,

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