Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of assault in the second degree to attempted assault in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing on that count.
The defendant contends that the evidence of "physical injury," an element of the crime of assault in the second degree, was...
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