Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by (1) reversing the conviction of assault in the third degree under the third count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment with leave to the People, should they be so advised, to resubmit any appropriate charges arising out of the conduct underlying that count to another Grand Jury, and (2) vacating the sentence imposed...
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