Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The defendant was indicted, inter alia, on a charge of assault in the second degree on the ground that with intent to cause physical injury to the complainant, he caused that injury by means of a dangerous instrument (see, Penal Law § 120.05 [2]). The incident in question took place at an automotive adult learning center...
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