Appellate Division of the Supreme Court of the State of New York November 9, 2001 (People v. Robinson)

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on indictment. Memorandum: We agree with the People that County Court erred in granting defendant’s motion and reducing the one-count indictment from assault in the second degree (Penal Law § 120.05 [2]) to assault in the third degree (Penal Law § 120.