Appellate Terms of the Supreme Court of New York March 21, 2007 (People v. DePaolis)

*59OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed upon the law and information, insofar as it charged defendant with assault in the third degree, dismissed.

Defendant was convicted of assault in the third degree (Penal Law § 120.00 [1]) following an incident in which complainant was sprayed with a fire extinguisher held by defendant.