People v. Masri

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J.), rendered August 14, 2013, convicting him of attempted assault in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

After a nonjury trial, the defendant was acquitted of, among other charges, assault in the third degree, but was convicted of the lesser-included offense of…