People v. Freeman (66 A.D.2d 1002, 1978)

Judgment unanimously modified, on the law, and, as modified, affirmed in accordance with the same memorandum as in People v Thomas (66 AD2d 1001). (Appeal from judgment of Monroe County Court— assault, second degree, and other charges). Present—Marsh, P. J., Moule, Dillon, Schnepp and Witmer, JJ.