People v. Rodriquez

— Judgment of conviction, Supreme Court, Bronx County, rendered April 18, 1979, after jury trial, unanimously reversed, on the law, and, as to the second count of the indictment, assault, first degree (Penal Law, § 120.10, subd 1), matter remanded to Supreme Court, Bronx County, for a new trial, and, as to the third count of the indictment, criminal possession of a weapon, fourth degree (Penal Law, § 265.01, subd [2]), the jury’s verdict of guilty is vacated, and its earlier verdict of acquittal reinstated, and directed to be entered as the judgment of the court on that count. At the outset,…