People v. Brown (59 A.D.2d 1007, 1977)

Judgment unanimously modified, on the law, by reversing the judgment of conviction of second degree assault and dismissing count three of the indictment and otherwise, affirmed. Same memorandum as in People v Brown (59 AD2d 1006). (Appeal from judgment of Onondaga County Court—robbery, second degree and other charges.) Present—Marsh, P. J., Moule, Dillon, Goldman and Witmer, JJ.