It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts one, two and four of the indictment.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05[2]), menacing in the second degree (§ 120.14[1]), and unlawful imprisonment in the second degree (§ 135.05). By his own admission, defendant failed to preserve...
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