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Decided on August 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ 2005-1421 Q CR. NO. 2005-1421 Q CR
The People of the State of New York, Respondent,
against
Tyrone McFadden, Appellant.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Deborah Stevens Modica, J.), rendered August 24, 2005. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and imposed a sentence of 90 days' incarceration.
Judgment of conviction modified on the law by vacating the sentence imposed; as so modified, affirmed, and matter remitted to the court below for resentencing in accordance with CPL 380.20.
Defendant was charged with attempted assault in the third degree (Penal Law

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