People v. Vining

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered July 18, 2012, convicting defendant, after a jury trial, of attempted assault in the third degree, assault in the third degree, criminal mischief in the fourth degree, and criminal trespass in the second degree, and sentencing him to an aggregate term of two years, unanimously modified, on the law, to the extent of vacating the attempted assault conviction and dismissing that count of the indictment, and otherwise affirmed.

The court properly exercised its discretion in admitting a phone call placed by defendant to…