Appeal by the People from an order of the Supreme Court, Queens County (Chetta, J.), dated July 31, 1989, which, upon the defendant’s motion to set aside the verdict on the ground of legally insufficient evidence, granted that motion to the extent of reducing the defendant’s conviction of assault in the first degree to assault in the second degree, and separate appeal by the defendant from a judgment of the same court, rendered September 15, 1989, convicting him, upon a jury verdict, and upon the order dated July 31, 1989, of assault in the second degree.
Ordered that the order is reversed, on the law, the motion is denied, and the jury verdict is reinstated; and it is further,
Ordered that the judgment is modified, on the law, by vacating the defendant’s conviction of assault in the second degree and the sentence imposed thereon; as so modified, the judgment is affirmed; the findings of fact implicit in the jury’s verdict are affirmed; and it is further,
Ordered that the matter is remitted to the Supreme Court, Queens County, for the imposition of sentence with respect to the defendant’s conviction of assault in the first degree.
The defendant’s contentions are either unpreserved for appellate review or without merit. Sullivan, J. P, Lawrence, Eiber and Ritter, JJ., concur.