Ordered that the judgment is modified, on the law, by vacating the convictions of assault in the second degree and criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
The People correctly concede that the evidence was legally insufficient to establish "physical injury" (Penal Law § 10.00 [9]). We thus vacate the conviction...
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