People v. DeFilippo

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered March 5, 2009, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

*768Ordered that the judgment is affirmed.

The defendant was convicted of assault in the second degree, as defined by Penal Law § 120.05 (2), in connection with an incident that occurred inside the South Shore Country Club on Staten Island, during which one of the complainant’s eyeballs was punctured and, consequently, had to be surgically removed.

The defendant’s contention that the evidence…