People v. Coon

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered December 21, 2006, which resentenced defendant following his conviction of the crime of assault in the second degree.

Mugglin, J.

As is set forth more fully in our prior decision (34 AD3d 869 [2006]), defendant was convicted after a nonjury trial of depraved indifference assault for cutting his sister twice in the neck and throat with a butcher knife. Because the proof was insufficient to establish depraved indifference assault, we modified his conviction on appeal by reducing it to assault in the second…