Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree as a hate crime, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention that the People did not disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray,
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