Ordered that the judgment is modified, on the facts, by vacating the conviction of assault in the second degree predicated on Penal Law § 120.05(3) under count two of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention that his constitutional rights were violated by the admission into evidence of telephone calls he made to his brother while detained...
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