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PEOPLE v. THORPE

245 A.D.2d 472 (1997)

666 N.Y.S.2d 664

The People of the State of New York, Respondent, v. Lemar C. Thorpe, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1997

Ordered that the judgment is modified, on the law, by reversing the conviction of assault in the third degree under the ninth count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

On March 10, 1995, the defendant, who had waited for the complainant in the hallway by her apartment, threw the complainant against the wall and punched...

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