Rose, J.
After withdrawing his plea to a lesser charge, defendant was tried and convicted of the charge of assault in the second degree for his attack on Michael Lattimore while the two were jail inmates. His subsequent motion for dismissal, which County Court also treated as a motion to set aside the verdict under CPL 330.30, was granted and his conviction was modified to attempted assault in the second degree. To obtain this modification, however, defendant agreed...
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