It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and a new trial is granted on counts one, two and five of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him, following a jury trial, of two counts of assault in the second degree (Penal Law § 120.05 [4]) and one count of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [2] [a...
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