Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted of one count of assault in the first degree (Penal Law §§ 20.00, 120.10 [1]). At trial, defendant admitted that he punched the victim once, knocking him to the ground, but maintained that he did so in self-defense after the victim swung a stick at him. Other witnesses testified that defendant's attack occurred in the midst of nothing more than an argument...
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