It is hereby ordered that the judgment so appealed from is unanimously modified on the facts by reversing that part convicting defendant of assault in the third degree under count seven of the indictment and dismissing that count, and as modified the judgment is affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of two counts of sexual abuse in the first degree (Penal Law § 130.65 [1]) and one count each of assault in the third...
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