People v. Hamm

*1483Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered July 16, 2010. The judgment convicted defendant, upon a nonjury verdict, of assault in the first degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part convicting defendant of assault in the second degree and dismissing count three of the indictment and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting him, following a nonjury trial, of assault in the first…