People v. Curtis

OPINION OF THE COURT

George D. Marlow, J.

Following a trial on a six-count indictment charging felony assault and robbery, a jury only convicted defendant of a reduced misdemeanor of assault in the third degree.

*509The Grand Jury had accused defendant and others of participating in the felony assault and robbery of Jayson Lara, leaving Lara seriously wounded. Although at trial defendant did not primarily dispute the level of Lara’s injuries, he did vigorously contest his responsibility for their extensive nature.

Before sentence, defendant asked this court to declare CPL 720.20 (1) unconstitutional,…