People v. Mercado

Judgment, Supreme Court, Bronx County (Cassandra Mullen, J.), rendered August 24, 2010, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of six months, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a period of three years’ probation, and otherwise affirmed.

The factual allegations contained in the misdemeanor information were sufficient to satisfy the physical injury element of assault in the third degree. The information recited that “defendant struck informant ... on…