Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the conviction of attempted assault in the first degree under count 5 of the indictment, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on that count of the indictment.
In 2015, the defendant was convicted, after a jury trial, of attempted...
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