People v. Cordato

Kavanagh, J.,

concurs. Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reversing defendant’s conviction of assault in the second degree under count one of the indictment; said count dismissed, the sentence imposed thereon vacated, and defendant’s sentence under count two of the indictment is reduced to 15 years; and, as so modified, affirmed.