PEOPLE v. PHILIPS

2006-00678

120 A.D.3d 1266 (2014)

992 N.Y.S.2d 104

2014 NY Slip Op 06109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARIK PHILIPS, Appellant.

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

Decided September 10, 2014.


Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of assault in the first degree under count three of the indictment to assault in the third degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

Viewing the evidence in the light most favorable to the prosecution (see People...

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