Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the sentence imposed thereon is vacated, those counts of the indictment charging assault in the first degree and assault in the first degree as a hate crime (two counts) are dismissed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the charges of assault in the second degree and assault in the second degree as a hate crime (two counts...
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