People v. Knights

— Kane, J.

Appeal from a judgment of the Supreme Court (Ellison, J.), rendered July 3, 1984 in Chemung County, upon a verdict convicting defendant of the crime of assault in the second degree.

At about 6:45 p.m. on May 25, 1982, Officer Joseph Keough of the Elmira Police Department was called to the scene of a family dispute at the home of Louise Knights and her three children. As he arrived at the scene, he heard a voice from the second floor yelling, "No Tommie, no Tommie.” He entered the house, went to the second floor where he saw defendant and his wife, Louise Knights, sitting together on…