Judgment reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges under counts two and five of the indictment to another Grand Jury.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of the lesser included offenses of assault in the second degree (Penal Law § 120.05) and assault in the third degree (Penal Law § 120.00) under counts two and five of the indictment...
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