People v. Macioszek

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered February 2, 2012. The judgment convicted defendant, upon a jury verdict, of assault in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]). The evidence at trial established that defendant intentionally struck the victim with the motor vehicle he was driving, causing the victim to fly over the roof of the vehicle and land on the…