Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree under the second count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
As the People correctly concede, the defendant's conviction of assault in the second degree (see Penal Law § 120.05 [6]) must be vacated, and that count of the indictment dismissed...
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