People v. Kane

Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered February 10, 1981, convicting him of assault in the second degree, after a nonjury trial, and imposing sentence. Judgment modified, on the law, by reducing defendant’s conviction to one of assault in the third degree and vacating the sentence imposed. As so modified, judgment affirmed and case remitted to the Supreme Court, Kings County, for the imposition of sentence and for further proceedings pursuant to CPL 460.50 (subd 5). Defendant became involved in a fistfight between his codefendant and the…