Appellate Division of the Supreme Court of the State of New York July 23, 1987 (People v. Gottlieb)

Motion granted insofar as to amend the order of this court entered on July 9, 1987 and the opinion filed therewith [130 AD2d 202] to include dismissal of the indictment with leave for the People to file an information charging the defendant with assault in the third degree. Concur — Sandler, J. P., Sullivan, Ross, Milonas and Rosenberger, JJ.