People v. Roberts

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 1, 2011, convicting him of attempted assault in the first degree, 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 defendant’s 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.

The defendant’s challenge to the legal sufficiency…