People v. Berrios

Appeal by the defendant from a *494judgment of the Supreme Court, Queens County (Pitaro, J.), rendered December 18, 1989, convicting him of rape in the first degree, sexual abuse in the first degree (two counts), robbery in the first degree, criminal possession of a weapon in the fourth degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

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