Ordered that the order is reversed, on the law, the motion is denied, and the jury verdict is reinstated; and it is further,
Ordered that the judgment is modified, on the law, by vacating the defendant's conviction of assault in the second degree and the sentence imposed thereon; as so modified, the judgment is affirmed; the findings of fact implicit in the jury's verdict are affirmed; and it is further,
Ordered that the matter is remitted to the Supreme Court...
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