People v. Frazier

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered April 5, 2010, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, (1) by vacating the conviction of assault in the first degree and the sentence imposed thereon, and dismissing that count of the indictment, and (2) by vacating the sentence imposed on the conviction of criminal possession of a weapon in the second degree; as so modified, the…