| People v Vernon |
| 2012 NY Slip Op 03292 [94 AD3d 1487] |
| April 27, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Emerson C. Vernon, Appellant. |
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Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), for
respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered August 24, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of assault in the second degree (Penal Law § 120.05 [7]) to assault in the third degree (§ 120.00 [1]) and vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for sentencing on the conviction of assault in the third degree and for proceedings pursuant to CPL 460.50 (5) (see People v Skinner, 94 AD3d 1516 [2012]). Present—Smith, J.P., Fahey, Lindley and Martoche, JJ.