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 three counts of reckless endangerment in the first degree and as modified the judgment is affirmed, and a new trial is granted on counts three through five of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of attempted assault in the first degree...
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