Ordered that the judgment is modified, on the law, by reversing the defendant's conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, there was legally sufficient evidence adduced at trial to establish that the complainant suffered physical injury (see, Penal Law § 10.00 [9]), a necessary element of...
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