People v. Daniels

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beerman, J.), rendered May 28, 1991, convicting him of assault in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of assault in the second degree (see, Penal Law § 120.05 [3]) beyond a reasonable doubt. At the time of his arrest, the defendant kicked one…