People v. Tolbert

—Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of assault in the second degree as a lesser included offense of assault in the first degree and criminal possession of a weapon in the third degree, arising out of a stabbing at a shelter for homeless men. The evidence, viewed in the light most favorable to the People, establishes that defendant was the initial aggressor and that he stabbed an unarmed man in the back while that man was sitting on a bed *902drinking beer. Thus viewed, the evidence offered by the People disproved the defense of…