OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Term should be reversed and the order of Criminal Court of the City of New York reinstated.
In October 2006, defendant was convicted of assault in the third degree in Criminal Court of the City of New York but, in March 2010, the Appellate Term reversed the judgment due to an improper jury charge, and remanded the case for a new trial (26 Misc.3d 143[A], 2010 NY Slip Op 50393[U] [App Term...
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