People v. Butler

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered August 1, 1984, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant became involved in a fight between his brother and another individual. There was testimony that during the incident, the defendant punched and kicked a third individual and tried to remove his coat. The defendant was acquitted of robbery in the second degree but convicted of assault in the second degree (Penal Law § 120.05 [6]).

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