It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of gang assault in the first degree (Penal Law § 120.07), assault in the first degree (§ 120.10[1]), and promoting prison contraband in the first degree (§ 205.25[2]). Although defendant was offered the opportunity to plead guilty to one count of assault in the second degree in exchange...
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