It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Chautauqua County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 seeking to vacate the judgment convicting him after a jury trial of two counts of assault in the first degree (Penal Law § 120.10 [1]) and one count of assault in the third degree (§ 120.00 [2]). Defendant...
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