Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
In May of 2016, the complainant was waiting for a bus in Jamaica, Queens, when the defendant approached him and pushed him to the ground. While the complainant was on the ground, the defendant...
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