Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's conviction of assault in the first degree and the sentence imposed thereon, and dismissing that count; as so modified, the judgment is affirmed.
The evidence at trial established that, in an act of domestic violence, the defendant punched the complainant some 20 times, causing, inter alia, the loss of her right eye. Without objection, the trial...
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