Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant contends that the verdict of guilt on the charge of assault in the first degree under Penal Law § 120.10 (1) (intent to cause serious physical injury) is inconsistent with the verdict of guilt on the charge of assault...
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