People v. Clergeot

OPINION OF THE COURT

Memorandum.

Ordered that the judgments of conviction are affirmed.

On a prior appeal, this court reversed judgments convicting defendant of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]), resisting arrest (Penal Law § 205.30) and harassment in the second degree (Penal Law § 240.26 [1]), and remitted the case for a new trial (People v Clergeot, 20 Misc 3d 87 [2008]).

Following the retrial, defendant was convicted of attempted assault in the third degree and harassment in the second degree.

Prior to the retrial, defense counsel asserted that he had not…