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Full opinion text

Judgment of conviction affirmed. All concur, except Dowling and McCurn, JJ., who dissent and vote for reversal and for granting a new trial on the ground that the charge as to the question of intent was insufficient and that the defendant should have a new trial in the interest of justice. . (People v. Katz, 290 N. Y. 361, and eases cited.) (The judgment convicts defendant of the crime of assault, second degree.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ.