SEATON, KYLE v. PEOPLE v

Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered December 22, 2014. The judgment convicted defendant, upon a jury verdict, of assault in the second degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of assault in the second degree (Penal Law § 120.05 [1], [2]), arising from kicking the victim in the head and face with steel-toed boots. The victim sustained a traumatic brain injury and did not remember the details…