People v. Thompson

Motion granted to extent of recalling and vacating this court’s order (158 AD2d 261) and accompanying memorandum decision, and substituting a new order and memorandum decision, which follows:

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered April 26, 1988, upon indictment No. 8213/87, convicting defendant, after a jury trial, of assault in the second degree (Penal Law § 120.05 [2]) and sentencing him to an indeterminate term of imprisonment of from l½ to 4½ years, is reversed, on the law, and as a matter of discretion in the interest of justice, and the case remanded…