People v. Victor

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered December 1, 1988, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On July 22, 1986, at about 8:45 p.m., on York Street in Brooklyn, the defendant struck Franklin Charon in the face with the metal handle of a large broom, fracturing his cheek bone. According to the defendant’s trial testimony, Charon had been menacingly chasing the defendant’s nephew although by the time the two men actually came to blows, the…