Opinion
Argued May 15, 1961
Decided May 25, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
Scott E. Bohon and Anthony F. Marra for appellant.
Frank D. O'Connor, District Attorney ( Morton Greenspan of counsel), for respondent.
Judgment modified pursuant to subdivision 2 of section 543 of the Code of Criminal Procedure by reducing the degree of the crime for which defendant was convicted to assault, third degree, and, as so modified, judgment affirmed and defendant remanded to the County Court for resentence. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.