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PEOPLE v. FERMIN

36 A.D.3d 933 (2007)

827 N.Y.S.2d 874

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH P. FERMIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 30, 2007.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the first degree and the sentence imposed thereon; as so modified, the judgment is affirmed, and a new trial is ordered on the charge of assault in the first degree, as charged in count two of indictment No. 720/03 as to the defendant.

The defendant correctly argues that the Supreme Court erred in refusing to charge the jury as to...

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