People v. Carter

Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered January 25, 2002. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05 [2]). For the reasons set forth in our decision in the appeal of a codefendant with whom defendant was jointly tried (People v Davis, 6 AD3d 1168 [2004]), we reject…