Ordered that the judgment is modified, on the law, by vacating the conviction for assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant contends that the evidence of "physical injury," an element of the crime of assault in the second degree (see Penal Law § 120.05 [3]), was legally insufficient. Contrary
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