People v. Thorpe

—Appeal by the defendant from a judgment of the County Court, Rockland *473County (Nelson, J.), rendered December 19, 1995, convicting him of burglary in the first degree, assault in the third degree (two counts), menacing in the second degree, and criminal contempt in the first 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 under the ninth count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is…