It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing those parts convicting defendant of two counts of assault in the second degree and vacating the sentences imposed thereon and as modified the judgment is affirmed, and a new trial is granted on counts one and two of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of two counts of assault...
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