People v. Lynch

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered June 26, 2012, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by amending the sentence to specify that the defendant was convicted under Penal Law § 120.10 (1); as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County for the issuance of an amended sentence and commitment.

On appeal, the defendant challenges the Supreme Court’s denial,…