Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing under count one of the indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of assault in the first degree (Penal Law §§ 20.00, 120.10 [1]) and criminal possession of a weapon in the second degree (Penal Law § 265.03). The evidence is legally sufficient to establish defendant...
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