People v. Cervantes

BERMAN, Judge.

Defendant, Robert Cervantes, was convicted by a jury of second degree assault, third degree assault, obstructing a police officer, and resisting arrest. On appeal, he challenges the second degree assault conviction. We affirm.

The offenses committed here arose out of a family dispute between defendant and his estranged wife and an altercation between defendant and police officers who were summoned to the scene. Defendant was initially charged in an information with, inter alia, first degree assault of police officer Joseph Tymkowych by use of a deadly weapon, to wit, a St.…