It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of assault in the second degree under count two of the indictment and dismissing that count of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a bench trial of one count each of assault in the first degree (Penal Law §...
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