People v. Lazaro

*699OPINION OF THE COURT

Dineen A. Rivxezzo, J.

This case was tried before me and a jury. Defendant was acquitted of one count of attempted assault in the first degree and one count of assault in the second degree, and found guilty of one count of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [2]), one count of assault in the second degree (Penal Law § 120.05 [2]), and one count of assault in the third degree (Penal Law § 120.00 [1]).

The defendant now moves (1) to dismiss the count of attempted assault in the first degree, and (2) to dismiss the count of assault in the second…