Opinion
No. 5316.
February 23, 2010.
Judgment, Criminal Division of the Supreme Court, Bronx County (Peter J. Benitez, J.), rendered August 16, 2006, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously reversed, on the law, and the misdemeanor information dismissed.
Steven Banks, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.
Before: Andrias, J.P., Sweeny, McGuire and DeGrasse, JJ.
For the reasons stated in People v Correa ( 70 AD3d 532 [decided simultaneously herewith]), the judgment should be reversed and the misdemeanor information dismissed.