People v. Albanna

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered January 28, 2004. The judgment *1005convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of assault in the first degree and as modified the judgment is affirmed, and a new trial is granted on count one of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon…