Opinion
November 4, 1977
Appeal from the Onondaga County Court.
Present — Marsh, P.J., Moule, Dillon, Goldman and Witmer, JJ.
Judgment unanimously modified, on the law, by reversing the judgment of conviction of second degree assault and dismissing count three of the indictment and otherwise, affirmed. Same memorandum as in People v Brown ( 59 A.D.2d 1006).