Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on indictment.
Memorandum:
We agree with the People that County Court erred in granting defendant's motion and reducing the one-count indictment from assault in the second degree (Penal Law § 120.05 [2]) to assault in the third degree (Penal Law § 120.00 [1]). Contrary to the court's determination, the Grand...
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