Ordered that the judgment is modified, on the law, by (1) reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) reducing the conviction of unlawful imprisonment in the first degree to unlawful imprisonment in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.
The defendant was convicted of assault in the second degree...
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