Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered January 10, 2011. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of assault in the first degree under the first count of the indictment...
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