NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 23, 2010
THE PEOPLE OF THE STATE OF NEW YORK,
ALLEN MACK, DEFENDANT-APPELLANT.
Judgment, Criminal Division of the Supreme Court, Bronx County (Peter J. Benitez, J.), rendered August 16, 2006, convicting defendant, after a non-jury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously reversed, on the law, and the misdemeanor information dismissed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Sweeny, McGuire, DeGrasse, JJ.
For the reasons stated in People v Correa (__AD3d__ [Appeal No. 5209, decided simultaneously herewith]), the judgment should be reversed and the misdemeanor information dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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