Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 27, 2012. The judgment convicted defendant, upon a jury verdict, of assault in the third degree (two counts).
It is hereby ordered that said appeal from the judgment insofar as it imposed a sentence of incarceration is unanimously dismissed and the judgment is otherwise affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of two counts...
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