People v. Grant

*1080Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered May 21, 2008, convicting him of attempted assault in the second degree as a hate crime (two counts) and menacing in the second degree as a hate crime, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, and the facts, by vacating the conviction of attempted assault in the second degree as a hate crime under count two of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is…