People v. East

OPINION OF THE COURT

William H. Bristol, J.

By indictment No. 256 filed with this court on April 11,1997, the People of the State of New York charge the defendant, Todd Douglas East, with assault in the second degree in violation of section 120.05 (2) of the Penal Law. More specifically, the People claim that on or about February 9, 1997, in the County of Monroe, State of New York, with intent to cause *375physical injury to Darrin Mottler, defendant did so by hitting him with a glass bottle.

The defendant, claiming to be aggrieved by an unlawful or improper acquisition of evidence, and having…