People v. Rivera

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 5, 2005, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him as a second violent felony offender to a determinate prison term of five years, with five years of postrelease supervision, unanimously affirmed.

On April 2, 2004, Police Officers Ohuche and Vasquez responded to a radio call to an apartment in Manhattan. They did not know the type of situation they faced. From outside the apartment, Ohuche heard a profanity-laden argument between a male and a female, who were…