People v. Valencia

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered February 23, 2007, convicting him of assault in the first degree, assault in the second degree, vehicular assault in the second degree, assault in the third degree, operating a motor vehicle while under the influence of alcohol (two counts), reckless driving, and viola*880tions of Vehicle and Traffic Law § 1130 (1), (2) and § 1127 (a), after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the first degree, vacating the…