People v. Ryder

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered June 28, 1993, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the defendant’s sentence; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing.

The record indicates that, with respect to the crime of assault in the second degree, the County Court charged the jury…