It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing those parts convicting defendant of assault in the first degree and vehicular assault in the first degree and as modified the judgment is affirmed, and a new trial is granted on counts one and two of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him...
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