Judgment modified pursuant to subdivision 2 of section 543 of the Code of Criminal Procedure by reducing the degree of the crime for which defendant was convicted to assault, third degree, and, as so modified, judgment affirmed and defendant remanded to the County Court for resentence. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.