People v. Kise

—Mercure, J. P.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered June 7, 1996, upon a verdict convicting defendant of the crime of assault in the second degree.

On October 22-, 1995, defendant spent the afternoon and evening drinking with two friends, Barabara Colunio and June Gallagher. Upon returning home, defendant and Gallagher began to argue; defendant told Gallagher to leave and then fired a rifle in the air after her. Gallagher returned shortly thereafter and the argument continued, resulting in defendant shooting Gallagher in the abdomen. Defendant…