People v. Rojas

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered December 1, 2011, upon a verdict convicting defendant of the crime of assault in the first degree.

In the early morning hours of August 29, 2009, the victim, then a college senior, frequented some downtown bars in the City of Binghamton, Broome County with his friends. At approximately 3:15 a.m., after the bars had closed, the victim had a heated conversation with a young woman and one of her friends on the street and allegedly attempted to strike the woman. Defendant, who is the woman’s brother, came from…