Ordered that the judgment is reversed, on the law and the facts, count four of the indictment charging menacing in the third degree is dismissed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on count one of the indictment charging assault in the second degree.
The defendant was convicted of assault in the second degree and menacing in the third degree. On appeal, the defendant contends, among other things, that his conviction of menacing...
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