People v. Marshall

Appeal by defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered September 8,1983, convicting her of assault in the second degree and reckless endangerment in the second degree (five counts), after a nonjury trial, and imposing sentence.

Judgment affirmed, and matter remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5).

*850On this appeal, defendant contends that there is no evidence to support her conviction of assault in the second degree, pursuant to subdivision 4 of section 120.05 of the Penal Law, which requires (all…