People v. Hall

Order and judgment unanimously reversed, on the law and facts, and a new trial granted. Defendant’s motion to dismiss appeal denied. Memorandum: Defendant has been convicted after a jury trial of assault in the second degree, assault with intent to cause serious physical injury (Penal Law, § 120.05, subd 1). He thereafter moved *789pursuant to CPL 330.30 to have the verdict modified or set aside. County Court granted the motion and modified the verdict to assault, third degree, assault with intent to cause physical injury (Penal Law, § 120.00, subd 1). The People appeal that order and defendant…