Appellate Division of the Supreme Court of the State of New York December 22, 2003 (People v. Gavigan)

Appeal by the defendant from a judgment of the County Court, Suffolk County (Farneti, J.), rendered August 8, 2001, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.