Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was indicted on numerous charges related to his alleged robbery and assault of the complainant. Following a jury trial, the defendant was convicted of robbery in the second degree, assault in the second degree, assault...
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