Appellate Terms of the Supreme Court of New York May 19, 2015 (People v. Jones)

Weston, J.P.

(concurring in part and dissenting in part, and voting to modify the judgment of conviction by vacating the conviction of assault in the third degree and dismissing the count of the accusatory instrument charging that offense, to affirm the judgment of conviction as modified, and to remit the matter to the Criminal Court for resentencing upon the remaining counts in accordance with