Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the defendant's motion which was to impose a sentence of five years' probation is denied; and it is further,
Ordered that the amended judgment is modified, on the law, by vacating the defendant's conviction of assault in the second degree and the sentence imposed thereon, and reinstating his conviction of assault in the first degree; as so modified, the amended judgment is...
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