It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reinstating counts three and four of the indictment and by reinstating the charge of assault in the second degree under count five of the indictment and as modified the order is affirmed, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings on the indictment in accordance with the following memorandum: As limited by their brief...
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