People v. Nowicki

Judgment of conviction modified, on the law, in accordance with the memorandum and, as modified, affirmed. Memorandum: We find that the evidence is ample to sustain the verdict of guilty of assault in the second degree under both counts of the indictment. The court sentenced the defendant under both counts of the indictment. There was only one crime charged. There was only one transaction. The defendant could be sentenced upon one count only. The fact that he was found guilty of the crime charged, committed in two different ways, does not permit of two separate sentences. He may be punished…