Majority
p. 985The People of the State of New York, Respondent, v Thomas Mendoza, Appellant.
Judgment, insofar as it imposes sentence, unanimously modified, on the law, to a sentence of five years’ probation, a condition of which shall be a term of 60 days’ imprisonment to run concurrently with the sentence of probation (see Penal Law, § 60.01, subd 2, par [d]), and otherwise judgment affirmed. (Appeal from judgment of Supreme Court, Monroe County, Boomer, J. — assault, second degree.) Present — Simons, J. P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.