Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's conviction of assault in the second degree (two counts), dismissing those counts of the indictment, and vacating the sentences imposed thereon; as so modified, the judgment is affirmed.
On November 18, 1987, at approximately 3:00 A.M., two uniformed police officers on patrol in a marked car observed a red Hyundai parked on Davidson Street in Wyandanch...
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