SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 27, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
LITTLE GOLDIE G. DIGGS,
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered August 24, 2010.
People v Diggs
Appellate Division, Fourth Department
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.
Decided on April 27, 2012
PRESENT: SMITH, J.P., LINDLEY, SCONIERS, AND MARTOCHE, JJ.
The judgment convicted defendant, upon a jury verdict, of assault in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by reducing the conviction of assault in the second degree (Penal Law § 120.05 ) to assault in the third degree (§ 120.00 ) and vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for sentencing on the conviction of assault in the third degree (see People v Skinner, ___ AD3d ___ [Apr. 27, 2012]).
Entered: April 27, 2012
Frances E. Cafarell Clerk of the Court
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