People v. Nealy

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered March 2, 1995, convicting him of assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction for assault in the second degree under count one of the indictment to assault in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for resentencing.

The defendant…