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PEOPLE v. CARRASCO

2017-1800 ORCR.

65 Misc.3d 5 (2019)

108 N.Y.S.3d 666

2019 NY Slip Op 29245

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO FONSECA CARRASCO, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided August 1, 2019.

Attorney(s) appearing for the Case

Richard L. Herzfeld for appellant.

David M. Hoovler, District Attorney (William C. Ghee of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is modified, on the law and in the interest of justice, by vacating the conviction of attempted assault in the third degree and vacating the sentence imposed thereon, and dismissing that count of the accusatory instrument; as so modified, the judgment of conviction is affirmed.

Defendant was convicted, following a jury trial, of assault in the third degree (Penal Law §...

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