People v. Incherchera

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 15, 1974, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant was indicted for assault in the first degree. The Trial Judge submitted to the jury the crimes of assault in the first degree (Penal Law, § 120.10, subds 1, 3), assault in the second degree (Penal Law, § 120.05, subds 1, 2, 4) and assault in the third degree (Penal Law, § 120.00, subds 1, 2, 3). The jury returned a verdict of guilty of assault in the second degree, but did not…