It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and the indictment is dismissed without prejudice to the People to re-present any appropriate charges to another grand jury.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of assault in the second degree (Penal Law § 120.05 [4]) arising from his conduct in repeatedly slashing the victim with a hatchet or machete...
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