Ordered that the appeal from so much of the judgment as imposed the sentence is dismissed, as that portion of the judgment was superseded by the resentence; and it is further,
Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the third degree and dismissing that count of the indictment; as so modified, the judgment is affirmed insofar as reviewed; and it is further,
Ordered that the resentence is modified, on the law...
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