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PEOPLE v. SKINNER

KA 10-01815.

94 A.D.3d 1516 (2012)

943 N.Y.S.2d 338

2012 NY Slip Op 3308

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN M. SKINNER, II, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 27, 2012.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of assault in the second degree (Penal Law § 120.05 [7]) to assault in the third degree (§ 120.00 [1]) and vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for sentencing on the conviction of assault in the third degree and for proceedings pursuant to CPL 460.50 (5).

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