People v. Olcan

Weinstein, J.,

dissents and votes to modify the judgment appealed from, on the law and on the facts and as a matter of *374discretion in the interest of justice, by reducing the conviction of assault in the first degree to a conviction of assault in the second degree, and vacating the sentence imposed, and to affirm the judgment as so modified, and to remit the matter to the Supreme Court, Queens County, for resentencing, with the following memorandum in which Brown, J., concurs: The defendant was tried, along with two codefendants, for the crimes of assault in the first degree, assault in the…