People v. Witherspoon

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered November 20, 2013, convicting him of assault in the first degree, criminal possession of a weapon in the second degree (two counts), assault in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Co…