People v. Isrile

—Judgment, Supreme Court, New York County, rendered December 16, 1976, convicting the defendant of assault in the second degree and sentencing him as a second felony offender to an indeterminate term of imprisonment from two to four years, unanimously reversed, on the law, and the matter remanded for a new trial. The defendant, among other things, was indicted for assault in the second degree (Penal Law, § 120.05, subd 2) for intentional assault with a dangerous weapon (knife). This was submitted' to the jury along with the lesser included offense of assault in the third degree (Penal Law, §…