People v. Rosales

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered March 16, 2001, convicting him of assault in the second degree, assault in the third degree, menacing in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the third degree, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The People correctly concede that assault in the third degree is a…