People v. Freeman , 411 N.Y.S.2d 1022 ( 1978 )

Judgment unanimously modified, on the law and facts, and, as modified, affirmed in accordance with the same memorandum ' as in People v Thomas (66 AD2d 1001). (Appeal from judgment of Monroe County Court—assault, second degree, and other charges.) Present—Marsh, P. J., Moule, Dillon, Schnepp and Witmer, JJ.