People v. Rytel

Lehman, Ch. J.

The defendant was convicted upon a charge of assault in the second degree and received an indeterminate sentence of not less than two years and not more than four years in a State prison. Upon appeal to the Appellate Division the judgment was “ modified ” by a closely divided court “to a conviction of assault in the third degree”; the sentence was reduced to the time already served by the defendant, and the defendant was discharged. One of the dissenting justices of the Appellate Division granted permission to the People to appeal to this court from the judgment of the Appellate…