938 N.E.2d 909
No. 09-P-1794.Appeals Court of Massachusetts.
December 29, 2010.
Decisions Pursuant To Rule 1:28.
On count one of the complaint, charging assault and battery on a police officer, the judgment is affirmed. On count two of the complaint, charging assault by means of a dangerous weapon, the judgment is vacated; the verdict shall stand as a finding of guilt of the lesser included offense of assault; and a new judgment is to be entered on so much of count two as charges assault.