Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
After a jury trial, the defendant was convicted of assault in the third degree (see Penal Law § 120.00). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5];
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