People v. Walston

—Lahtinen, J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered November 12, 1998, upon a verdict convicting defendant of the crime of assault in the second degree.

Defendant was indicted in February 1998 for attempted murder in the second degree, assault in the first degree, criminal use of a firearm in the first degree, burglary in the first degree and menacing in the second degree stemming from an incident which occurred in the City of Troy, Rensselaer County, on July 1, 1997. Found guilty after a jury trial of the lesser included offense of assault in…